Terms of Agreement
Table of Contents
- Welcome to MomTrusted!
- Using our Services
- Eligibility Requirements
- Information Provided by Users
- Meetings and Contracts Between Users
- Prohibited Uses
- COPPA Compliance
- Digital Millennium Copyright Act and Copyright Protection
- Trademarks and Ownership Rights
- MomTrusted Use of Data
- Limitation of Liability
- Exclusions and Limitations
- Links to External Sites
- Modification of the Terms
Last Modified: December 31, 2012
Welcome to MomTrusted!
Thank you for using MomTrusted, a platform that connects parents and education and care service providers. This website and the associated services (collectively, the "Services") are operated by MomTrusted, Inc. or its affiliates or subsidiaries ("MomTrusted" or "We"). The Services offered to You are conditioned on Your acceptance of the terms, conditions and notices contained in this Terms of Agreement.
Using our Services
MomTrusted is a communications platform that allows individuals with a child at a childcare or early education facility ("Parents"), individuals seeking childcare or early educational services ("Care Seekers") and childcare providers, early educators and the companies they work for ("Providers" and together with Parents and Care Seekers "Users") to identify and communicate with one another. The use of "You" or "Your" herein refers to Parents, Care Seekers and Providers collectively.
MomTrusted does not take part in the interaction between Parents, Care Seekers and Providers except to provider the platform for communication and connection. Users do hereby represent, understand and expressly agree that MomTrusted does not have liability for or control over the veracity of Users, quality of information, or integrity of Parents, Care Seekers, and Providers, or the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Providers.
MomTrusted grants Users a nonexclusive, revocable right to use the Services provided that Users comply with the Terms, do not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or modify or attempt to modify the Site in any manner or form. Using the Services does not give You ownership or any intellectual property rights in the Services or the content You access. You may not use content from the Services unless You obtain permission from its owner or are otherwise permitted by law. These terms do not grant You the right to use any branding or logos used in the Services.
You must be a United States resident of at least eighteen (18) years of age and follow all policies made available to you to use the Services. If you are required to register as a sex offender in any jurisdiction, you may not use the Mom Trusted Service. MomTrusted reserves the right to terminate a User without notice for any reason or without reason whatsoever. By using the Site, Providers represent and warrant that they are in compliance with and have met any and all Local, State, and Federal regulations and laws pertaining to the services they provide.
Information Provided by Users
You understand that MomTrusted does not make any recommendations about Users or any representations or warranties about the accuracy or completeness of any information in a User’s account. The information in a User’s account is the information provided by the User, Facebook Connect and state and local governing organizations (if applicable), not MomTrusted, and MomTrusted only maintains the information for Your convenience and access. You understand that it is Your obligation to keep Your profile information accurate, complete and current.
Providers understand and explicitly agree to keep all information updated and accurate. All data for inspections and relevant state licenses, where possible, is sourced from the relevant and appropriate state or local governing organization. Any disputes about incorrect or inaccurate data must be handled by the Provider with the state or local governing organization. Provider agrees that MomTrusted shall not be responsible for the accuracy, timeliness or information provided by state and local governing organizations and agrees that MOMTRUSTED SHALL HAVE NO OBLIGATION, RESPONSIBILITY OR LIABILITY FOR ANY INACCURACY OR INCOMPLETENESS IN PROVIDER’S ACCOUNT OR FOR INFORMATION PROVIDED BY STATE AND LOCAL GOVERNING ORGANIZATIONS.
The Services allow Users to upload, post, transmit, share, store, link to or otherwise make information and content available on the Services ("Post"). "User Content" shall mean any material Posted on the Services by a User. By Posting or otherwise sharing information on the Services, User represents and warrants that they are the owner or otherwise have the right to publicly distribute the User Content. MomTrusted does not pre-screen, review, edit or approve any User Content.
Meetings and Contracts Between Users
The MomTrusted Services do not make any recommendations about Parents, Care Seekers or Providers. The Services exist to connect Parents, Care Seekers and/or Providers. All Users must use their own judgment, discretion, and complete their own screening and due diligence before meeting any other User or entering into any agreement or transaction. MomTrusted does not take part in the interaction between Users except to provide a platform for communication and connection. All agreements and transactions are between Users; Mom Trusted is in no way involved in, or a party to, any such agreement. MomTrusted is not responsible for the conduct, whether online or offline, of any User of the Services. By using the Services, You agree not to hold MomTrusted liable for any claims, liability, demands and damages, known or unknown, or disputes that may arise for interactions with or contracts entered into with other Users.
MomTrusted does not charge a fee to Parents or Care Seekers to create or maintain an account.
You agree not misuse the Services. Misuse includes but is not limited to using the Services:
- In a manner that violates any local, state, national, foreign or international statute, regulation, rule order, treaty or other law (each a "Law" and collectively, the "Laws") or that could expose MomTrusted or any User to harm or liability;
- To stalk, defame, deceive, mislead, abuse, harass, or harm another individual or post obscene or otherwise offensive content;
- To post child pornography or other content unsuitable for the MomTrusted community;
- To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
- To modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or products obtained from the Services;
- To interfere with, disable or disrupt the Services, the MomTrusted servers or networks connected to the Services;
- To upload any files, materials or information that contain viruses, Trojan horses, worms, time bombs, bots or any other harmful or deleterious programs or materials;
- To use any data mining, screen scraping, robot, spider or similar data gathering or extraction methods to access or in connection with the Services;
- To reproduce, download, modify, create derivative works from, distribute or attempt to reverse engineer, decompile, disassemble or access the source code for the Services;
- To send spam or any other unauthorized advertisements or solicitations through or using the Services;
- To attempt to harvest, collect or use addresses, phone numbers or email addresses or other contact information of Users without the express written consent from MomTrusted ;
- To solicit private information (including social security numbers, credit card numbers and passwords) from Users;
- To provide any false personal information in Your profile, create more than one profile, transfer Your profile, create a profile for anyone other than yourself or create a page without authorization;
- To use the site, Your profile, or communications with other Users for any commercial purpose or solicitation, without the express written permission of Mom Trusted;
- To offer any contest, sweepstakes, coupon or other promotion through the Mom Trusted Service without the express written consent of MomTrusted;
- To attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems or networks connected to the Services, whether through hacking, password mining or any other means; and
- In any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services.
We reserve the right to pursue any and all civil and criminal remedies including direct, indirect, special, punitive, incidental, exemplary and consequential damages arising from the misuse of the Services or the breach of these Terms. The failure to exercise or enforce any right or provision of these Terms or to pursue civil or criminal remedies shall not constitute a waiver of such right, provision or course of action.
All Users should monitor children’s use of the Internet. Children under 13 should not use our site. Users must identify your age during the registration process. MomTrusted will not knowingly or intentionally collect any information from children under 13. We take the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, MomTrusted does not assume any responsibility for any misrepresentations regarding your age or parental consent. If MomTrusted believes a User has provided false or otherwise inaccurate information, we reserve the right to terminate the User.
Digital Millennium Copyright Act and Copyright Protection
All non-personally identifiable information You upload or post to this website or transmit to MomTrusted via any communication medium, such as user feedback and product recommendations, (collectively "Communications") will be considered non-confidential and non-proprietary. MomTrusted will not have obligations with respect to Communications. MomTrusted and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text and other things embodied therein for any and all commercial and noncommercial purposes.
We respond to notices, provided in English, of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Trademarks and Ownership Rights
Except for User Content, all materials, content and trademarks on the Services are the property of MomTrusted and/or its partners or licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. The service marks and trademarks momtrusted and Moms Like You are owned by MomTrusted. Any other partner or affiliate trademarks, service marks, and logos on the Services are the property of their respective owners. Users agree not to in anyway use, sell, license, distribute, copy, modify, transmit, adapt or make any unauthorized use of the above mentioned material without the express written permission of MomTrusted.
The User hereby acknowledges and agrees, that MomTrusted owns proprietary rights, including, without limitation, Intellectual Property Rights and database rights in and to the Licensed Products including MomTrusted Data, necessary to grant the licenses and offer the services contemplated by this Agreement (the "MomTrusted Intellectual Property"). The Users acknowledges and agrees that except as expressly set forth therein, MomTrusted will retain such ownership in and to the MomTrusted Intellectual Property, together with any related corrections, bug fixes, enhancements, updates or other modifications thereto, whether made by The User, MomTrusted or any third-party. Additionally, The User hereby acknowledges and agrees that the license granted under this Agreement does not provide The User with title to or ownership of the MomTrusted Intellectual Property, the Licensed Products or MomTrusted Data, but only a right of limited use thereof under the terms and conditions of this Agreement. Under no circumstances shall The User sell, license, sublicense, publish, display, distribute, assign or otherwise transfer to a third-party the Licensed Products or MomTrusted Data or any copy thereof, in whole or in part, except as explicitly provided by this Agreement.
MomTrusted Use of Data
The User acknowledges and agrees that MomTrusted may develop one or more databases containing the MomTrusted Data and may analyze, sell, or redistribute the MomTrusted Data or any part thereof; provided, however, that MomTrusted shall not (1) disclose the name, email address, or any personally identifying information related to the person to whom the particular data field relates, (2) distribute the MomTrusted Data in any way (other than to The User or with The User permission) which identifies any The User or affiliate as the source of such MomTrusted Data, or (3) violate the provisions of MomTrusted’s Privacy Policies and Confidentiality Agreements as from time to time in effect, and which are hereby incorporated by reference.
MomTrusted makes no warranties or representations about the accuracy or completeness of the Services.
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOMTRUSTED DISLCAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INLCUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FINTNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELECTUAL PROPERTY RIGHTS, FREEDOM FROM COMPUTER VIRUS AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOMTRUSTED DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOMTRUSTED DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Limitation of Liability
IN NO EVENT SHALL MOMTRUSTED BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF MOMTRUSTED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNENCTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Limitation of Liability for MomTrusted Customers:
THE CUMULATIVE, AGGREGATE LIABILITY OF MOMTRUSTED TO THE CUSTOMER FOR ALL CLAIMS RELATED TO THE LICENSED PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL COMPENSATION PAID BY THE CUSTOMER HEREUNDER TO MOMTRUSTED FOR THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH LIABILITY. EXCEPT AS SET FORTH BELOW, IN NO EVENT SHALL EITHER PARTY, ITS AFFILIATES OR ANY OTHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, CLAIMS OF THIRD-PARTIES, LOSS OF DATA, OR COSTS OF RECREATING LOST DATA), ARISING OUT OF OR IN ANY MANNER IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT OR THE CUSTOMER'S OR ANY OTHER PERSON'S OR ENTITY'S USE OF (OR INABILITY TO USE) THE LICENSED PRODUCTS, WHETHER OR NOT SUCH PARTY, ITS AFFILIATES OR ANY SUCH OTHER PARTY HAS BEEN ADVISED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF, SUCH DAMAGES; PROVIDED, HOWEVER, NONE OF THE FOREGOING LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO DAMAGES, (I) RESULTING FROM THE GROSS NEGLIGENCE, OR THE WILLFUL OR INTENTIONAL MISCONDUCT OF AN INDEMNIFYING PARTY OR ITS PERSONNEL OR (II) ARISING FROM CLAIMS FOR WHICH EITHER PARTY HAS AGREED TO INDEMNIFY THE OTHER PARTY PURSUANT TO THE PROVISIONS OF THIS AGREEMENT.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to You. To the extent that MomTrusted may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of MomTrusted’s liability shall be the minimum permitted under such applicable law.
By using the Services, You agree that MomTrusted, in its sole discretion, may require You to submit any and all disputes arising from the use of the Services, these Terms of Agreement or the MomTrusted Privacy Statement, including but not limited to disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Such binding arbitration shall be conducted under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with said rules. Notwithstanding these rules, such proceeding shall be governed by the laws of California.
You agree to indemnify, defend, and hold harmless MomTrusted, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to Your use of the Services or any other person or entity accessing the Services using Your account. MomTrusted reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with MomTrusted’s defense of such claim.
Intellectual Property Indemnification
The User shall indemnify, defend, and hold harmless MomTrusted (including their respective officers, directors, employees, agents or representatives) against any damages, claims, costs or expenses (including without limitation, reasonable attorneys’ fees) ("Claim") arising out of any third-party claim, suit or proceeding of any kind that the The User Data infringes any Intellectual Property Right of a third-party, provided that The User is given prompt written notice of such Claim. MomTrusted shall fully cooperate in the defense of such Claim, if requested by The User and at The User’s expense. The User shall have sole authority to defend or settle the Claim. The User may, at its sole option, (i) obtain for MomTrusted the right to continue using the The User Data, (ii) remove, replace or modify the affected The User Data so that it becomes non-infringing, or (iii) if such remedies are not reasonably available, terminate the license. The foregoing states The User’s entire liability and MomTrusted's and its affiliate(s) exclusive remedy for any claim of infringement.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by MomTrusted without restriction.
Links to External Sites
Users understand that any external link present on the site, including but not limited to advertisements, brands, framed sites and links, do not constitute an endorsement by MomTrusted and MomTrusted has no control over, ownership, or responsibility for the content or information provided therein. Links are presented as a convenience for Users and Users are responsible for reviewing and assessing the veracity of any content, information, products, services, or claims presented.Users agree to not hold Mom Trusted liable for any misrepresentations, claims, or damages from external links.
Modification of the Terms
MomTrusted may revise these Terms at any time. MomTrusted will post notice of the modification on this website. If You object to any changes, Your sole recourse shall be to cease using the Services. Continued use of the Services following notice of such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
If you have any questions, please contact us at info@MomTrusted.com .