Welcome to RaisingMOM.com. By visiting, registering for, posting content on, submitting information or materials to, accessing, reviewing and/or otherwise using our website and its various interactive features (e.g., bulletin boards, forums, live chat, etc.), you accept, without limitation or qualification, the following Terms of Use, which constitute an agreement between you and RaisingMOM.com. We may change these terms from time to time. Please read and review these Terms of Use carefully before using this website. If you do not agree to the Terms of Use, you may not access or use the website.
As used in this Terms of Use, “RaisingMOM.com” includes RaisingMOM.com, Raising MOM Medical Care PLLC and all of its subsidiary and affiliated corporate entities and companies. RaisingMOM.com may be referred to in this Terms of Use as “we,” “us,” “our” and “ourselves.”
By accessing or using our website and/or registering with RaisingMOM.com, you agree with all of the terms and conditions of this Terms of Use. You agree to indemnify, defend and hold harmless RaisingMOM.com and its subsidiaries and affiliates, and each of their managers, members, officers, directors, shareholders, employees and agents, from and against all liabilities, losses, expenses, damages and costs, resulting from any violation by you of these Terms of Use.
We reserve the right, at our sole discretion, to change the terms and conditions of this Terms of Use from time to time, and your continuing use of our website constitutes your acceptance of and agreement to any changed terms and conditions.
RaisingMOM.com reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate your registration(s) with or ability to access the interactive features on the website (e.g., live chat, bulletin board/forums) and/or any other service, content, digital products, products or events, provided to you by RaisingMOM.com, upon any breach by you of these Terms of Use or otherwise.
RaisingMOM.com may modify or discontinue any feature or service of the website, or any portion thereof, with or without notice to you and without liability to you or any third party.
You are expected to use the website and its interactive features (e.g., live chat, bulletin board/forums) with respect, courtesy and responsibility, giving due regard to the rights of other users as well as in compliance with all federal, state and local laws and regulations. Common sense is the best guide as to what is considered acceptable and appropriate use of RaisingMOM.com and its services, interactive features and products.
The following are examples of content (in any form, including text, graphics, video, programs or audio) and uses that are unacceptable and prohibited, and you acknowledge and agree that you are strictly prohibited from posting or otherwise publishing any such material or conducting yourself in violation of any of the following:
These examples are by no means intended to be exhaustive.
The website is to be used by you for your personal use only. Any use by you of any other user’s information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g., mass marketing) is strictly prohibited. Commercial uses of the website are strictly prohibited unless our prior written consent has been granted.
YOU ALONE ARE SOLELY RESPONSIBLE FOR THE CONTENT OF YOUR POSTINGS, MESSAGES AND MATERIALS, AND FOR ANY AND ALL CONSEQUENCES OF OR RELATING TO THE POSTING OR SUBMISSION OF SUCH MESSAGES AND MATERIALS.
RAISINGMOM.COM RESERVES THE ABSOLUTE RIGHT TO DETERMINE WHAT CONSTITUTES INAPPROPRIATE ACTIVITY AND ABUSE OF WEBSITE PRIVILEGES, IN OUR SOLE DISCRETION. WE RESERVE THE RIGHT TO DELETE FROM THE WEBSITE ANY INAPPROPRIATE MATERIAL POSTED BY YOU AT ANY TIME. A SINGLE VIOLATION OR REPEAT INFRINGEMENT WILL RESULT IN THE SUSPENSION OR TERMINATION OF YOUR REGISTRATION AND/OR WEBSITE PRIVILEGES.
RaisingMOM.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person who violates these Terms of Use.
You understand that when using the RaisingMOM.com website, you will be exposed to user postings, messages and submissions from a variety of sources, and that RaisingMOM.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. RaisingMOM.com does not endorse any user posting, message or submission or any opinion, recommendation, or advice expressed therein, and RaisingMOM.com expressly disclaims any and all liability in connection with user postings, messages and submissions. You further understand and acknowledge that you may be exposed to user postings, messages and submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RaisingMOM.com with respect thereto, and agree to indemnify and hold RaisingMOM.com harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
You acknowledge that (i) RaisingMOM.com permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media, websites and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the website is not protected by Rights rests with you. You acknowledge that RaisingMOM.com may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading or copying such materials.
In connection with your user postings, messages and submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to publish and use and authorize RaisingMOM.com to publish or otherwise use all trademark, trade secret, copyright or other proprietary rights in and to any and all postings, messages and submissions to enable inclusion and use of the user submissions in the manner contemplated by the website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the user submission to publish and use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the user submission in the manner contemplated by the website and these Terms of Use.
By posting or otherwise submitting content, which shall include your member name/user identification, to any public area of the website, including message boards, forums, contests, question and answer forums, and chat rooms, you grant RaisingMOM.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 the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and has validly and irrevocably granted to you the right to grant the license stated above. Subject to the foregoing, the owner of such content placed on the website retains any and all rights that may exist in such content.
YOU UNDERSTAND THAT WHETHER OR NOT SUCH USER SUBMISSIONS ARE POSTED OR OTHERWISE PUBLISHED, RAISINGMOM.COM DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY USER SUBMISSIONS.
You are responsible for maintaining the confidentiality of your member name/user identification and password. You shall be responsible for all uses of your registration, whether or not authorized by you.
In the event you believe that material or content published on the website may infringe on your copyright or trademark, or that of another, please notify us immediately by providing detailed written notice of such possible infringement to the attention of Lisa Hoffman, M.A. and send a detailed e-mail message (identifying the potentially infringing material with particularity, including the direct website link to such material where possible and/or other information reasonably sufficient to permit us to locate and identify the material) to lisa.hoffman@RaisingMOMny.com or write to:
IN NO EVENT SHALL RAISINGMOM.COM OR ITS SUBSIDIARIES OR AFFILIATES, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, INCLUDING ALTERATIONS OF CONTENT POSTED OR SUBMITTED BY YOU, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) FOR ANY LOSS, LIABILITY OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, SUBMITTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RAISINGMOM.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RAISINGMOM.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT RAISINGMOM.COM SHALL NOT BE LIABLE FOR USER POSTINGS, MESSAGES OR SUBMISSIONS OR THE DEFAMATORY, LIBELOUS, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
RaisingMOM.com assumes no responsibility for the deletion of or failure to store user postings, messages, submissions or e-mails.
You agree to indemnify and hold RaisingMOM.com, its subsidiaries, affiliates, and each of their managers, members, officers, directors, shareholders, employees and agents harmless from any claim or demand made by any third party due to or arising out of your use of the website, the violation of these Terms of Use by you, or the infringement by you, or any other user of your registration (whether or not authorized), of any intellectual property or any other right of any person or entity.
In the event that RaisingMOM.com determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the website, RaisingMOM.com reserves the right to (i) warn you via e-mail (to any e-mail address you have provided to RaisingMOM.com) that you have violated these Terms of Use; (ii) delete any or all content provided by you or your agent(s) to the website; (iii) cancel/discontinue your registration(s) with the website; (iv) discontinue your subscription to any digital product, product, event, content, tool or service purchased through the website; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities and agencies for further action; and/or (vi) take any other action which RaisingMOM.com deems to be appropriate.
If your registration(s) with or ability to access the website and/or any other service, content, event, tool or digital product provided to you by RaisingMOM.com is discontinued by RaisingMOM.com due to your violation of any portion of these Terms of Use or for conduct otherwise inappropriate for the website, then you agree that you shall not attempt to re-register with or access the website and/or any other digital product, content or service provided by RaisingMOM.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, events, content and services to which your access has been terminated.
