Terms and Conditions
TERMS AND CONDITIONS
NOTICE: These Terms and Conditions are legally binding. It is Your responsibility to read these Terms and Conditions carefully prior to purchase, use or access of any of our classes, products, programs, or services.
Date Last Updated April 12, 2021
This website is owned and operated by The Mommy Center, LLC, (“TMC”), a California limited liability company. You must be at least eighteen years of age to use our website. Use of this website is at Your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
Offering Purchase Agreement
All courses, programs, products and services (“Offering” or “Offerings”) are provided by TMC (“the Company” or “we” or “us” or “our”). The term “You” or “Your” refers to any user, purchaser, or participant of said Offerings. These Terms and Conditions govern and define how You are allowed to use and access the Company’s website and Offerings. We reserve the right to update and change these Terms and Conditions at any time, and will update them accordingly with the ‘Date Last Updated’ at the top of this page.
You are legally bound to these Terms and Conditions whether or not You have read them. If You do not agree with any of our Terms and Conditions, please email us at firstname.lastname@example.org and we will make reasonable efforts to remove Your name, email and access to our Offering(s) and website(s).
Offering Use, Participation, and Consent
You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Offering. Access of our Offering and related materials by a minor is a violation of use, and we reserve the right to terminate Your access if such an issue is discovered.
Intellectual Property Notice
All images, text, designs, graphics, trademarks and service marks are owned by and property of TMC. It is a violation of federal law to use any of our intellectual property (including, but not limited to, electronic and physical materials provided as part of the Offerings), in whole or in part, and modification of any such materials is illegal and may be prosecuted to the fullest extent permissible should we choose to do so.
You may NOT use our intellectual property in any way, which includes republishing any text, image, design, pamphlet, booklet, guide or other property (whether it be in electronic or physical form) in any way, including providing physical or electronic copies to third parties or posting a quote or image from our site or materials to any third party website including social media.
Offering Intellectual Property
Limited License. Any and all materials, paid or free, that You access through or are provided by TMC or this website or any related domains that contain our Offering are under the sole ownership of TMC.
To be clear, we own our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines and trademarks (common law or federally registered). You are not allowed to reproduce any part of our website(s), Offering, or Offering materials or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive.
– Access the Offering for Your personal use and share it with Your spouse, partner, or significant other.
– Use our trademarks and copyrighted materials with Our consent and proper credit.
– Appropriately use the gifts bearing any of our trademarks provided to You during the course of the Offering.
You may not:
– Re-sell or trade Your access to the Offering
– Share the Offering or Offering materials with anyone else who has not yet purchased the particular Offering
– Reprint or republish any of the Offering or Offering materials, in part or in whole
– Distribute any of the materials contained in the Offering or related materials and/or communications as Your own.
– Reproduce and tweak any part or whole of the Offering or Offering materials for distribution as Your own work
– Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as Offering materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials)
– Use our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)
Request for Permission to Use Content
If You wish to use, publish or access any of our content, Offering(s) or related materials in a way that is not permitted by these terms and conditions, You must do so by requesting permission prior to commencing use of the same by email Us at email@example.com
Your Intellectual Property and/or Name and Likeness
Your Materials and Contributions
By submitting a comment, photo, video or other material(s) onto any website or social media, including but not limited to third party access sites, such as Our Instagram or Facebook group(s) You agree that we have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state, in writing, that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose Your participation in the same.
You must own the copyright to any image(s) You use by default or voluntarily on our platforms or in our Offering or related materials. You grant Us a commercial license to any image(s) You submit to Us by default, such as a Instagram or Facebook profile photo or other profile image You voluntarily provide in accessing the Offering, or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.
Consent to Use of Name or Likeness
Your hereby consent to and grant TMC the right to use Your and Your child’s voice, photograph, or likeness for any lawful purpose including that encompassed by California Civil Code § 3344. You understand that TMC may, at its discretion, photograph You and/or Your child and make recordings of such voices, and/or reproduce such physical likeness as it may appear in any still camera photograph, motion picture film or video tape and/or recordings of Your or Your child’s voice prepared or made while participating in TMC’s Offerings for use in connection with any exhibition, promotional program, advertisement and broadcast, including, but not limited to this website, print, and television. Your and Your child’s voice, photograph, or likeness may be used or incorporated for an unlimited period of time. You further understand and acknowledge that You and Your child have no right to any compensation for the use of Your voice, photograph, or likeness. If You do not consent to allow the use of Your or Your child’s voice, photograph, or likeness, then please advise TMC in writing at firstname.lastname@example.org
Release of Notification of Use
We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You have permitted by these terms and conditions.
Security and Assumption of Risk
We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe, Paypal or a similar party. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law.
Assumption of Risk
By accessing our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information or educational materials provided to You.
Experts, Speakers, Guests
As part of our Offerings, various individuals, including TMC hosts, contractors, experts and guest speakers, will offer their experience and advice to You. You acknowledge and understand that any such advice is for informational purposes only and is not reviewed for correctness, accuracy, truthfulness, completeness or reliability by TMC, nor is it endorsed or guaranteed by TMC. Such advice is not intended to diagnose, treat, cure or prevent any disease and does not constitute medical information, advice or care, and You acknowledge that neither TMC nor its hosts, experts and speakers do not provide medical information, advice or care. You understand and agree that You assume the sole risk with respect to Your receipt of any such advice, and that TMC shall have no responsibility or liability whatsoever for such advice. To the extent You interact with a host, expert, or speaker that You believe is improperly purporting to provide medical information, advice, or care, please contact us immediately at email@example.com.
Our website and any materials that TMC provides are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of Your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While we may reference certain results, outcomes or situations on this website or during the Offerings, You understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal or financial questions, You should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, any Offering, and any Offering related materials.
Children who exhibit signs of dangerous behavior, to either themselves or others, should be referred to a qualified professional. Parents with children currently under the supervision of a professional are encouraged to discuss their participation in a TMC Offering with that professional.
While we try to make accurate statements as part of our Offerings, we cannot guarantee that all materials and related media contained therein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using our Offerings are used at Your own risk. If You should see any errors or omissions and would like to let us know, please email us at firstname.lastname@example.org.
You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches our Offering(s) with different backgrounds, disposable income levels, motivation and other factors that are outside of Our control. Therefore, we cannot guarantee Your success merely upon access or purchase of our Offering(s) or related material(s).
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by You or others in connection with our Offering(s), including, without limitation, any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering our professional services and You expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, financial advice. Similarly, this Offering is not therapy, should not replace therapy or medical services, and purchase or use of this Offering does not constitute a patient-psychotherapist relationship.
Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including You.
WE MAKE NO WARRANTIES AS TO OUR OFFERINGS OR OFFERING MATERIALS. YOU AGREE THAT THE OFFERINGS AND OFFERING MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE OFFERING OR OFFERING MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR OFFERINGS OR OFFERING MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Offering(s). We are not liable for any inaccuracies, errors or reliance on personal opinions contained in our Offering(s) or related material(s).
You further warrant that:
- You are the parent and/or lawful guardian of the child.
- You consent to the participation by the child in all activities conducted by TMC and as otherwise identified herein.
Indemnification, Limitation of Liability and Release of Claims
You agree at all times to indemnify and hold harmless the Company, as well as any of our affiliates, agents, contractors, members, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Offering(s).
Limitation of Liability
We will not be held responsible or liable in any way for the information, products, or materials that You request or receive through or in relation to our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of Your access of our Offering(s) and related material(s).
TMC uses a rented facility. Despite the high standard of care and level of attention to detail to ensure safety standards for You and Your child, it still remains possible that during Your participation in any of our classes or workshops, both You and Your child may be exposed to a variety of unforeseen hazards and risks. These risks include, but are not limited to serious personal injury and property damage (“Injuries and Damages”) caused by the condition of the rented premises. You understand and acknowledge that You assume the risk for Your and Your child. You understand that TMC does not have the equipment nor expertise to deal with injuries.
Statute of Limitation
If You wish to bring an action against Us for any act or omission relating to or arising from the Agreement or any Offering, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under state law. Failure to bring such action within such time shall bar all claims against the Company for such act or omission. You waive all claims that any statute of limitations applies.
This site and Offerings may promote third party products or services. We disclaim any and all liability as a result of Your purchase or use of services of or from any of these third parties. You accept express liability for any and all consequences or benefits of clicking on affiliate links contained on this website or contacting third parties that have been introduced or referenced during the Offerings.
If at any time we feel You have violated these Terms and Conditions, then we shall immediately terminate Your access and/or use of the Offering(s).
Visiting http://www.themommycenter.com or sending emails to TMC constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If You are found to be slandering, libeling or otherwise disparaging the Company, Offering(s) or related materials at our discretion, You will be immediately removed from the Offering(s).
Law and Jurisdiction
(a) In the event of any claim or dispute between You and Us arising out of or in any way related to this Agreement or any Offering (or the interpretation, breach, termination, or enforceability thereof), such claim or dispute shall be exclusively and finally settled, adjudicated and determined by binding arbitration in accordance with the rules of Judicial Arbitration & Mediation Service (“JAMS”) in effect at the time of the lawsuit, with no right to a court or jury trial (whether such rights exist or not), and no right to an appeal. The arbitration shall be venued in Orange County, California.
The arbitrator shall apply California case and statutory law in effect at the time of the arbitration. Judgment upon the written award rendered by the arbitrator may be confirmed, rendered and entered in any court of competent jurisdiction and shall have the full force and effect of a judgment of that court. Each party shall pay its own costs and expenses, including attorneys’ fees and costs, in connection with the Arbitration, unless inconsistent with the law. All fees and costs of the arbitration shall be split by the parties unless inconsistent with the law. The arbitrator shall award the recovery of the legal fees and costs of the prevailing party, including the costs and fees of the arbitration, from the non-prevailing party. The provisions of the California Code of Civil Procedure Section 1280 et. seq., which pertain to depositions and discovery in arbitration proceedings, are hereby incorporated into and made a part of this Agreement and shall be applicable to the arbitration. In no event shall a claim be arbitrated that otherwise would be barred by the statute of limitations in a judicial proceeding under the law governing this Agreement. Should any party refuse or fail to appear or participate in any arbitration proceeding, the Arbitrator hereby is empowered, authorized and instructed to decide all submitted controversies in accordance with whatever evidence is presented.
(b) Notwithstanding the foregoing provision, the parties also agree that a restraining order, injunction, writ of possession, attachment or other equitable relief (collectively, “Extraordinary Relief’) may be applied for from a court of competent jurisdiction by any party pending the resolution of the dispute. The arbitration shall then proceed in regard to all other issues and matters, or the arbitration shall be stayed pending outcome of the Extraordinary Relief sought, in the discretion of the court or the arbitrator. Any such proceedings seeking such Extraordinary Relief shall be without prejudice to any party’s rights under this Agreement to obtain relief in arbitration with respect to such matters and shall not constitute a waiver of such party’s rights under this Paragraph.
Class Action Waiver
Any arbitration under these terms and conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and TMC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
By using our website and by purchasing any Offering, You hereby consent to our Terms and Conditions.
All Rights Reserved
All rights not expressly granted in these Terms and Conditions or any express written here, are reserved by the Company.