Terms Of Service
Profiles set up on any of the following grounds are subject to suspension or deletion without notice
– Profiles set up for promotional use only
– Profiles that spam the website with promotional messages
– Profiles where first and last name don’t appear to be legitimate names or infringe on a copyright
– Profiles that disparage or are deragatory in any way
1. Acceptance of Terms of Service
MommyBrown.com and its subsidiaries and affiliates (collectively, “MommyBrown.com”) operate a network of websites and services (the “MommyBrown.com Network”) and is a wholly owned publishing property of Black Web Network, llc (BWN, llc). These Terms of Service set forth the terms and conditions that apply to your use of the MommyBrown.com Network. From time to time, MommyBrown.com may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events (“Additional Terms”), which Additional Terms may be placed on the MommyBrown.com Network to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING THE MOMMYBROWN.COM NETWORK, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH MOMMYBROWN.COM. If you do not agree to be bound by these Terms of Service, please discontinue your use of the MommyBrown.com Network. The MommyBrown.com Network is provided free of charge to you (unless otherwise indicated).
Although portions of the MommyBrown.com Network may be viewed simply by visiting the relevant web site, in order to access the message boards and/or receive additional services from MommyBrown.com you need to sign on as a guest or register as a member of the MommyBrown.com Network. Registering as a member will allow you to access certain services that are not available to guests. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the MommyBrown.com Network, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
When you register for the MommyBrown.com Network, you will be required to provide MommyBrown.com with the following information: your name, e-mail address, zip code, country, gender, birth date, member name and password. In addition, you may choose to provide the MommyBrown.com Network with additional information, including your mailing address, household income, education, marital status and employment status.
MommyBrown.com reserves the right to (i) terminate your membership and access to any specific content, services, digital products, products courses or events, and (ii) remove your personal MommyBrown.com website, if MommyBrown.com learns that you have provided MommyBrown.com with false or misleading registration information.
MommyBrown.com reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access the MommyBrown.com Network and/or any other service, tool, specific content, digital products, products, courses or events provided to you by MommyBrown.com, including any personal web site, upon any breach by you of these Terms of Service or otherwise.
4. Modifications of these Terms of Service
MommyBrown.com may modify these Terms of Service from time to time in its sole discretion. Each time you use the MommyBrown.com Network, you will be deemed to have accepted any such changes. MommyBrown.com shall have no obligation to notify you of any such changes other then posting such modifications on the MommyBrown.com Network, but MommyBrown.com reserves the right (at MommyBrown.com’s discretion) to provide you notice of such changes to any e-mail address you have provided to MommyBrown.com, or post office address you have provided to MommyBrown.com.
5. Modifications of the MommyBrown.com Network
MommyBrown.com may modify or discontinue the MommyBrown.com Network, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Use of the MommyBrown.com Network
A. Content of Messages
You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on the MommyBrown.com Network, including, but not limited to, any message board or blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address on any area of the MommyBrown.com Network that is accessible to the general public nor provide such personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. MommyBrown.com assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the MommyBrown.com Network. MommyBrown.com further assumes no responsibility for the deletion of or failure to store e-mail messages.
You further agree that you will not use the MommyBrown.com Network to send emails or instant messages or post on message boards, blogs, profiles, comments or any place on the MommyBrown.com Network, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, (unless within the scope of the topic area of a message board as determined by MommyBrown.com in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity or profanity (e.g. “f*ck”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the MommyBrown.com Network. MommyBrown.com reserves the right to delete any such material from the MommyBrown.com Network. MommyBrown.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of MommyBrown.com. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use the MommyBrown.com Network to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) content on the MommyBrown.com Network is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the MommyBrown.com Network, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that MommyBrown.com may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any “public area” of the MommyBrown.com Network, including message boards, blogs, forums, contests, personal websites, public profiles, comments or chat rooms, you grant MommyBrown.com a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the MommyBrown.com Network retains any and all Rights that may exist in such content.
MommyBrown.com is not obligated to review content posted by users prior to the content’s posting to any area of the MommyBrown.com Network, including any private profile. Content posted by any user to the MommyBrown.com Network does not reflect the opinions or views of MommyBrown.com, its parent, subsidiaries or affiliates. MommyBrown.com makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other MommyBrown.com members through any MommyBrown.com service.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE MOMMYBROWN.COM NETWORK, YOU HEREBY EXPRESSLY PERMIT MOMMYBROWN.COM TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY MOMMYBROWN.COM’S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
B. Non Commercial Use
The MommyBrown.com Network, its products, services, digital products, events, courses, social networking tools (as more fully described below) and any other element of the MommyBrown.com Network are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by MommyBrown.com in writing. Illegal and/or unauthorized use of the MommyBrown.com Network, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MommyBrown.com Network is prohibited. In furtherance thereof, you agree that you will not use the MommyBrown.com Network for chain letters, research study or survey solicitations, junk mail, “spamming,” commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
Any such use shall be deemed to be a violation of these Terms of Service.
C. MommyBrown.com Social Networking
The MommyBrown.com Social Networking service allows members to create unique personal profiles, communicate and share materials with other MommyBrown.com members through tools, such as email, friend invitations, groups, video and photograph uploading, blogs, content rating, comments, calendars, lists and other tools and services that may be included from time to time. Use of and membership to the social networking platform is void where prohibited. You must register for the social networking platform in order to use the services contained therein. You may set privacy levels to determine whether and who can view your profile, albums or events. Your use of the social networking platform is subject to this Terms of Service and any Additional Terms. You are solely responsible for your interactions with other users.
You may never use another’s account without permission. If you become aware of any misuse of the MommyBrown.com Network by any person, please contact MommyBrown.com by clicking the “Flag” link located throughout the MommyBrown.com Network.
7. Member Disputes
You are solely responsible for any interaction with other members or visitors of the MommyBrown.com Network. MommyBrown.com reserves the right but shall have no obligation to monitor disputes between you and any other member of the MommyBrown.com Network.
8. Intrastate Nature of Communications
When you register with the MommyBrown.com Network and/or any service therein, you acknowledge that in using the MommyBrown.com services to send electronic communications, you will be causing communications to be sent through MommyBrown.com’s computer networks, portions of which are located in primarily in Texas and other locations in the United States and portions of which are located abroad. As a result, and also as a result of MommyBrown.com’s business practices and the nature of electronic communications, communications that seem to be intrastate in nature, may also be the transmission of interstate communications, regardless of where you are physically located when transmitting messages. By virtue of agreeing to this Terms of Service and using the MommyBrown.com communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.
9. Third Party Services
You may order services or merchandise through the MommyBrown.com Network from other persons not affiliated with MommyBrown.com (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. MommyBrown.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider MommyBrown.com nor will MommyBrown.com be construed as a party to such transactions, whether or not MommyBrown.com may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
MommyBrown.com may include special routing icons which may be located within the MommyBrown.com Network, the activation of which will allow you to access and learn more about MommyBrown.com and other services provided by MommyBrown.com whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
10. Registration and Password
You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify MommyBrown.com of any unauthorized use of your registration or password.
11. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the MommyBrown.com Network infringe your copyright, you (or your agent) may send MommyBrown.com a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow MommyBrown.com to locate the material on the MommyBrown.com Network; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send MommyBrown.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to the email address of our registered representative: email@example.com. MommyBrown.com suggests that you consult your legal adviser before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE MOMMYBROWN.COM NETWORK, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE MOMMYBROWN.COM NETWORK, IS AT YOUR SOLE RISK. THE MOMMYBROWN.COM NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOMMYBROWN.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
MOMMYBROWN.COM MAKES NO WARRANTY THAT THE MOMMYBROWN.COM NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE MOMMYBROWN.COM NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MOMMYBROWN.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOMMYBROWN.COM NETWORK. MOMMYBROWN.COM WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE MOMMYBROWN.COM NETWORK.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOMMYBROWN.COM NETWORK IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT MOMMYBROWN.COM DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE MOMMYBROWN.COM NETWORK. MOMMYBROWN.COM IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER MOMMYBROWN.COM NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE MOMMYBROWN.COM NETWORK, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. MOMMYBROWN.COM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
MOMMYBROWN.COM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE MOMMYBROWN.COM NETWORK, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE MOMMYBROWN.COM NETWORK IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOMMYBROWN.COM OR THROUGH THE MOMMYBROWN.COM NETWORK, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
MOMMYBROWN.COM MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE MOMMYBROWN.COM NETWORK OR ANY TRANSACTIONS ENTERED INTO THROUGH THE MOMMYBROWN.COM NETWORK.
MOMMYBROWN.COM IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE MOMMYBROWN.COM NETWORK. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH MOMMYBROWN.COM MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST MOMMYBROWN.COM WITH RESPECT TO SUCH SITES.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, MOMMYBROWN.COM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. MOMMYBROWN.COM SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE MOMMYBROWN.COM NETWORK, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY MOMMYBROWN.COM AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE MOMMYBROWN.COM NETWORK, YOU WAIVE ANY CLAIMS AGAINST MOMMYBROWN.COM FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
13. Limitation of Liability
MOMMYBROWN.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE MOMMYBROWN.COM NETWORK OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE MOMMYBROWN.COM NETWORK OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF MOMMYBROWN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Promotional Messages
MommyBrown.com and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. MommyBrown.com makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither MommyBrown.com nor such third party shall have any liability with respect thereto.
15. Indemnification You agree to indemnify and hold each of MommyBrown.com, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the MommyBrown.com Network, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
16. Applicable Law These Terms of Service shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflicts of laws provisions. By registering for or entering the MommyBrown.com Network, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Atlanta, GA.
17. Remedies for Breach of these Terms by You
In the event that MommyBrown.com determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the MommyBrown.com Network, MommyBrown.com reserves the right to (i) delete any or all content provided by you or your agent(s) to The MommyBrown.com Network; (ii) discontinue your registration(s) with the MommyBrown.com Network and/or any other MommyBrown.com community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the MommyBrown.com Network; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which MommyBrown.com deems to be appropriate.
If your registration(s) with or ability to access the MommyBrown.com Network, any other MommyBrown.com community and/or any other service, product, content, course, event, tool or digital product provided to you by MommyBrown.com is discontinued by MommyBrown.com due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the MommyBrown.com Network, then you agree that you shall not attempt to re-register with or access the MommyBrown.com Network, any other MommyBrown.com community and/or any other digital product, course content or service provided by MommyBrown.com, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, MommyBrown.com reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.
18. Health Resources
Do not use or interact with any health-related content (the “Health Content”) on the MommyBrown.com Network if you do not agree to all of these Terms.
Not Medical Advice
The Health Content is for informational purposes only. The Health Content does not replace professional medical advice, diagnosis, or treatment. If you have questions regarding a medical condition, always seek the advice of your physician or other qualified health professional. Developments in medical research may impact this information. If you think you may have a medical emergency, call your doctor or 911 immediately.
Use Of Health Content
The Health Content is protected by copyright under United States and foreign laws. Title to the Health Content remains with MommyBrown.com and its Licensors or its suppliers. Any use of the Health Content not expressly permitted by these Terms is a breach and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to MommyBrown.com, its Licensors and its suppliers.
Limitation of Liability
The use of the Health Content is at your own risk. The Health Content (including this information and any software) is provided on an “as is” basis. MOMMYBROWN.COM, ITS LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting this disclaimer, MommyBrown.com, its Licensors and its suppliers also make no representations or warranties about the accuracy, reliability, completeness, or timeliness of this information. In no event shall MommyBrown.com, its Licensors or its suppliers, or any third parties mentioned in the Health Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of, misuse of, or inability to use this information, whether based on warranty, contract, tort, or any other legal theory, and whether advised of the possibility of such damages. If for any reason the liability limitation is deemed invalid, MommyBrown.com, its licensors, its suppliers, or any third parties mentioned in the Health Content shall be liable only to the extent of actual damages incurred by you.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
MommyBrown.com may assign its rights and obligations under these Terms of Service and upon such assignment MommyBrown.com may be relieved of any further obligation hereunder.
You represent to MommyBrown.com that you have the authority to register with or visit the MommyBrown.com Network according to these Terms of Service. MommyBrown.com does not encourage or solicit visitors who are known to be under the age of 18 to become a member of or visit the MommyBrown.com Network and does not permit anyone under the age of 13 to become a member of the MommyBrown.com Site.
These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of MommyBrown.com, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
MommyBrown.com reserves the right to terminate free access to the MommyBrown.com Network including any or all content, services, digital products, products, events, courses or tools with or without notice to you. MommyBrown.com reserves the right (at MommyBrown.com’s discretion) to provide you with notice of such change by prominently posting a notice on the MommyBrown.com Network and/or sending written notice to you at any e-mail and/or post office address you have provided to MommyBrown.com. Once free access is terminated MommyBrown.com may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the MommyBrown.com Network and/or any for-pay content, services, digital products, products, events, tools or products.