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Terms of Service
TERMS OF SERVICE AGREEMENT
This Terms of Service Agreement ("Agreement") is made between MomTalk.Com, LLC, a Minnesota limited liability company (the "Company" or "MomTalk.com") and any person (collectively "you", "your" or "I") who completes the account creation/registration process to become a member and access the Company's online marketplace (collectively the "Service").
BY ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.
Section 1. The Service and Registration.
1.1. Description. The Service is proprietary to Company and is protected by intellectual property laws and international intellectual property treaties. Your access to the Service is licensed and not sold. Company agrees to provide you with non-exclusive access to or use of the Service, subject to the terms and limitations set forth in this Agreement.
You agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.
Section 2. Representations and Warranties.
You represent and warrant to Company that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth at Section 3; and; (c) you have provided accurate and complete registration information, including, without limitation, your legal name, address and telephone number.
Section 3. Acceptable Use Policy.
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate or transmit unsolicited messages or jobs; (b) disseminate or transmit any Company related work or files; (c) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to the Company's network, other accounts on the Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses or any other malicious code or program; (h) upload, post, email, transmit or otherwise make available any message or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (i) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or (j) engage in any other activity deemed by the Company to be in conflict with the sprit or intent of this Agreement.
You acknowledge that the Company does not pre-screen content, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to delete or prohibit access to any content that is stored on its network via the Service. Without limiting the foregoing, the Company and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable.
Section 4. Privacy.
Section 5. No Resale of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Section 6. Modifications To Service.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Section 7. Termination.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. Company reserves the right, in its sole discretion and without notice, at any time and for any reason or no reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend your access to or use of all or any portion of the Service; (c) deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service, and (d) terminate this Agreement.
Section 8. Disclaimer of Warranties.
THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. THE COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Section 9. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
Section 10. Indemnification.
You agree to indemnify, hold harmless and defend Company, its shareholders, directors, offices, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Service, including any data or work transmitted or received by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
Section 11. Trademark Information.
Mom Talk (the "Trademark") is a trademark of the Company. Without the Company's prior permission, you agree not to display or use in any manner, the Trademark.
Section 12. Copyrights and Copyright Agents.
The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company with the following information:
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