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Alpamom ™
 

ALPHAMOM.COM™ Terms of Service

Last Updated: October 13, 2008

1.      Acceptance of User Agreement

Thank you for visiting the Alpha Mom™ Web site located at www.alphamom.com (the “Site”). BY ACCESSING OR USING THE SITE, YOU ACCEPT THESE TERMS AND CONDITIONS, INCLUDING ALL TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE (COLLECTIVELY, THE “TERMS”) AND ANY MODIFICATIONS THAT MAY BE MADE TO THE TERMS FROM TIME TO TIME. IF YOU DO NOT AGREE TO ANY PROVISION OF THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE. 

 

2.      Modifications to Terms

 

Alpha Mom, LLC (“Alpha Mom,” “we,” “us,” and “our”) reserves the right to change or modify any of the terms and conditions contained in these Terms, and any other Alpha Mom terms, policies, or guidelines, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. If Alpha Mom updates these Terms, it will update the “last updated” date above. You should frequently review these Terms and other applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

 

3.      Participation Requirements

 

In order to access or use the Site or, you must be 18 years of age or older and be both a legal resident of and living in the United States or the District of Columbia.

 

4.      Site Content, Postings and Submissions

 

The Site and all information, data, and other content and materials available on the Site, including, without limitation, the Alpha Mom logo and all designs, text, documents, graphics, software, videos, sound files, other files, and the selection and arrangement thereof (collectively, “Content”), are the proprietary property of Alpha Mom and its licensors and are protected by U.S. and international copyright laws.

 

You acknowledge and agree that any materials, including but not limited to comments, suggestions, ideas, questions, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of email or other submissions to Alpha Mom, are non-confidential and shall become the sole property of Alpha Mom or its marketers. Alpha Mom will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

5.      Use Restrictions

Alpha Mom reserves the right to impose restrictions and limitations on the use of the Site by any Site users engaging in any type of conduct that, as determined by Alpha Mom in its sole discretion, violates these Terms or may create harm to, or liability for, Alpha Mom, the Site, Site users, or third parties of any nature.

 

6.      Limited License

 

If you comply with all the terms and conditions of these Terms, Alpha Mom grants you a revocable, non-transferable, and non-exclusive license to access the Site and to electronically copy (except where prohibited without a license) and to print to hard copy portions of the Content for your informational, personal, and non-commercial purposes only. This license is revocable at any time. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Site, or any information contained on, or obtained from, the Site or from your participation in Alpha Mom Labs without the express written consent of Alpha Mom.

 

Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you under these Terms. Unless stated explicitly in these Terms, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

 

7.      Access Limits

 

Without our express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.

8.      Disclaimer with Respect to Content

 

Any content found on the Site is only for entertainment purposes. Any recommendations or information provided on the Site should not be used as a substitute for advice by a trained professional, including, but not limited to, a qualified healthcare provider, a financial provider, or a lawyer.

9.      Third-Party Content


The Site may contain links to Web pages and content of third parties ("Third-Party Content"), such as opinions, advice, and other information expressed by third parties. Alpha Mom reserves the right to monitor Third Party Content, but undertakes no responsibility to update or review any Third Party Content. Alpha Mom makes no guarantee as to the accuracy or completeness of any Third-Party Content. Alpha Mom takes no responsibility and assumes no liability for any Content posted, stored, or uploaded by a third party, or for any loss or damage thereto, nor is Alpha Mom liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site or in your dealings with other Site users.

 

Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, of any Web sites or Third-Party Content to which you navigate from the Site. You access and use Third-Party Content at your own risk.

 

10.  Advertisements and Promotions

 

The Site may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, third parties other than Alpha Mom, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party and are at your own risk. Alpha Mom is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, transactions, or correspondence. If you enter into any kind of transaction with a marketer or other third party, Alpha Mom and its subsidiaries and affiliates are not responsible or liable for any action or inaction of you or any other party to such a transaction (including, without limitation, any party’s failure to perform, pay any amounts due, or deliver any merchandise or services).

 

11.  Trademarks

 

ALPHA MOM and ALPHA MOM LABS are among the trademarks of Alpha Mom LLC. All Alpha Mom logos, graphics, designs, icons, and service names are trademarks or trade dress of Alpha Mom and may not be copied, imitated or used, in whole or in part, without the prior written permission of Alpha Mom. All other trademarks are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by Alpha Mom.

 

12.  Copyright Infringement

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):

·        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

·        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

·        Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

·        Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

·        A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

·        A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Alpha Moms designated Copyright Agent to receive notifications of claimed infringement is:

Attention: [insert Name and contact information]

You acknowledge that if you fail to comply with all of the requirements of this Section 12(A) your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

·        Your physical or electronic signature;

·        Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

·        A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

·        Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

·        If a counter-notice is received by the Copyright Agent, Alpha Mom may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Alpha Moms sole discretion.

C. Repeat Infringers. Alpha Mom will terminate the access privileges of any user who repeatedly infringes the copyright rights of others.

 

13.  Indemnification

 

You agree to indemnify and hold Alpha Mom, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorney's fees, arising out of your participation in the Site and/or Alpha Mom Labs in violation of these Terms and/or your violation of any rights of a third party.

 

14.  Disclaimer of Warranties


YOUR USE OF THE SITE AND/OR YOUR PARTICIPATION IN ALPHAMOM LABS INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SITE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SITE USER, MARKETER, OR OTHER THIRD PARTY IS AT YOUR SOLE RISK. THE SITE, ALL CONTENT AVAILABLE ON AND THROUGH THE SITE AND THE ALPHA MOM LABS’ SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALPHA MOM AND ITS MARKETER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALPHA MOM DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SITE OR YOUR ACCESS TO ANY CONTENT, OR THAT ANY TRANSACTION REQUEST YOU PLACE USING ALPHA MOM (INCLUDING, WITHOUT LIMITATION, ANY REQUEST OF OR POSTING OF ANY OPINION OR OF ANY INTEREST IN ANY PRODUCTS, SERVICES, OR OTHER ITEMS) WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS TO, AND USE OF, THE SITE AND ANY CONTENT THAT YOU ACCESS ON OR THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALPHA MOM, THROUGH OR FROM THE SITE, OR FROM ANY THIRD PARTY, WILL CREATE ANY WARRANTY REGARDING ALPHA MOM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

15.  Limitation of Liability

 

ALPHA MOM, ITS MARKETER, OR OTHER THIRD PARTY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ALPHA MOM, ITS MARKETER, OR OTHER THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT AND/OR ARISING OUT OF YOUR PARTICIPATION IN SURVEYS OR FOCUS GROUPS RELATED TO ALPHA MOM LABS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

THE MAXIMUM TOTAL LIABILITY OF ALPHA MOM, ITS MARKETER, OR OTHER THIRD PARTY TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

16.  Termination

 

Notwithstanding any provision of these Terms, Alpha Mom reserves the right, without notice and in its sole discretion, to restrict and prevent your future access to, and use of, the Site. Additionally, Alpha Mom reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Site (including, without limitation, access to any Content) without notice in its sole discretion. Alpha Mom will not be liable to you or to any third party for any modification, discontinuance, or restriction of the Site.

 

17.  General Legal Notices

 

Alpha Mom’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Site or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.

 

These Terms are governed by the laws of the State of New York, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Site or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in New York City, New York, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by New York law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.

 

These Terms, including all policies and guidelines incorporated into these Terms by reference, constitute the entire agreement between you and Alpha Mom concerning the Site. These Terms supersede all prior agreements or communications between you and Alpha Mom regarding the subject matter of these Terms (except the Alpha Mom click-through agreement that you may enter into in connection with registration for the Site or Alpha Mom Labs).

18.  How to Contact Us.

If you have any questions about these Terms or the practices of Alpha Mom, please feel free to contact us at 1(212) 752-7349 or at contact@alphamom.com. 

 

 
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