Terms of Service
MomShare.org relies on donations to help maintain the MomShare.org website and to help provide shipping assistance.
MomShare.org includes all websites, print publications or electronic publications owned, produced or operated by MomShare, including all information, content, products and services provided through those websites and publications. All individuals who use MomShare.org agree to the following “Terms of Service.” All protection provided to MomShare.org is also provided to the sponsors, advertisers, affiliates, officers, employees, owners, volunteers, moderators, and board of director members of MomShare.org.
Although portions of MomShare.org may be viewed simply by visiting the web site, in order to access the message boards and/or receive additional services from MomShare.org you need to sign on as a guest or register as a member of MomShare.org. If you sign on to MomShare.org as a guest, these Terms of Service will govern your use of MomShare.org, including access to message boards and other features. If you register as a member of MomShare.org, these Terms of Service will govern your use of MomShare.org, including access to message boards, chat rooms, the e-mail account and personal website that may be provided to you in connection with MomShare.org and other features. BY SIGNING ON TO MOMSHARE.ORG AS A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service, together with any applicable additional Terms of Service posted in connection with a particular service, product, digital product, event or course govern your use of MomShare.org and all services, products, digital products events and courses provided in connection with MomShare.org, including but not limited to any course, service, product, digital product, events or personal website provided to you by MomShare.org. MomShare.org shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter MomShare.org. The Terms of Service for your continued use of MomShare.org will be available throughout MomShare.org. Please check these areas before using MomShare.org to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with MomShare.org immediately by (i) notifying MomShare.org of your unwillingness to accept the changes to the Terms of Service; and (ii) discontinuing your use of MomShare.org. Your continued use of MomShare.org will signify your acceptance of any change in the terms and conditions set forth herein. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of MomShare.org, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
From time to time MomShare.org may supplement these Terms of Service with additional terms pertaining to specific content, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on MomShare.org 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.
Since the beginning of MomShare.org, we have "adopted" the policy of providing current and accurate information relating to recycling, parenting, pregnancy, infertility, children, and other related issues. The information provided at MomShare.org is intended to serve as an educational supplement to your knowledge base and is in no way to be considered medical, legal or other advice. The content of this site is completely subjective and not meant to replace the role of your qualified physician, or other qualified professional.
MEDICAL RESOURCES
The information provided through MomShare.org should not be used for diagnosing or treating a health problem or a disease, for it is not a substitute for professional care from your own physician. If you think or do have a health problem, you should consult your physician or health care provider, and not depend on the information presented in this system, since individual variability exists. Therefore, MomShare.org is not liable for any mistreatment or from the use of this system.
PROFESSIONALS, ADVERTISERS AND OTHER WEB SITES
The professionals, advertisers, and web sites who promote themselves and who are promoted at MomShare.org, especially through MomShare.org Directory listings and other advertising, are separate entities from MomShare.org, and their exposure on MomShare.org web site does not constitute endorsement or advocacy by MomShare.org. Please consult with the Chamber of Commerce and Better Business Bureau if you wish to check the credibility of these organizations. MomShare.org will not be responsible for any damages that result from using the services or products of a professional, advertiser or web site who is promoted at MomShare.org.
CONTENT AVAILABLE TO THE PUBLIC
Any content that you choose to put publicly on MomShare.org websites will probably be available through Internet search engines, and email addresses that you post can be gathered by spammers. Do not post your email address on MomShare.org or other public location unless you are comfortable receiving increased amounts of spam.
MOMSHARE.ORG E-MAIL SERVICES
MomShare.org does not guarantee the security of its e-mail services. MomShare.org recommends that you do not send an e-mail that you would not want to be public knowledge. Users of MomShare.org e-mail services agree not to use MomShare.org e-mail accounts to "spam." Spamming is defined as sending unsolicited e-mail to others. MomShare.org reserves the right to terminate your MomShare.org e-mail account if MomShare.org learns that you have provided MomShare.org with false or misleading registration information. MomShare.org reserves the right to terminate your MomShare.org e-mail account any time for any reason. MomShare.org assumes no responsibility for the deletion of or failure to store e-mail messages.
MOMSHARE.ORG CHAT, FORUMS AND BLOGS
These rules apply to any message boards, chat rooms, e-mail discussion lists, free-email, blogs, blog comments or any other community websites or services ("Community Websites") operated by MomShare.org ("MomShare.org").
No personal attacks: Personal attacks of any kind, public of private, will not be tolerated. MomShare.org chat rooms, message boards and journals are intended to be a positive, safe place for everyone. You are welcome to disagree with a member, but calling them names or flaming their character is not allowed. If you have a personal issue to discuss with a member, please take it off the boards and discuss it via private message.
No profanity: Vulgarities, obscenities, name-calling, character assassinations or mockery are not allowed on any of the MomShare.org community of websites. While there are appropriate topics of a mature nature, the vocabulary used needs to remain family friendly.
No solicitation of moms, ever!: MomShare.org chat rooms, message boards and blogs are NOT places for companies or members to solicit others. MomShare.org is committed to making its community of websites, chat rooms and blogs places where parents feel safe.
Treatment of Moderators & Administrators: Any form of moderator or administrator harassment, including insults, personal attacks and character assassination done either in public or via private message can result in a ban of your account. If you disagree with actions taken by the moderating team, the proper procedure for voicing that disagreement is via Private Message or Email. For privacy reasons we can not and will not discuss the reason someone else's account was banned, either in public or in private. Moderating decisions are made based on a number of factors, and the action that resulted in the moderating decision is often no longer available for public view. It is inappropriate for users to create threads denouncing the actions of the moderating team and doing so will result in further moderator action, up to and including account banning.
Regarding Minors: Identifying information about minors should never be posted. The minimum age for the release of information in all fifty states is at least eighteen, therefore the use of the forums to search for someone under the age if eighteen is prohibited.
No Solicitation or Marketing!: Advertising or solicitation of a product or service is only allowed under promoting your business.
Moderation, Editing and Banning: Chat Monitors and Forum Moderators regularly check the forums and chat rooms for inappropriate messages and material. Messages containing such material will be deleted or edited without warning or explanation and the member could be banned. MomShare.org reserves the right to edit, delete or otherwise moderate any postings made to its community of sites without warning or explanation. Members who require excessive moderation or whose participation results in excessive moderation may be banned.
Reporting Violations: To report violations of any of the above rules, please email a Moderator, screen shot the post and explain what you’re seeing. This will automatically dispatch a message to the moderators. You can also send an email to contactus@momshare.org.
LEGAL RESOURCES
Laws regarding, advertising, and the Internet vary considerably depending upon the state or the region of the state. Individual laws and interpretations of laws change frequently and it is impossible for MomShare.org to be constantly aware of the legal situation in each region of each state. Therefore, all legal resources or other resources that are predicated by state law are provided for educational purposes only. MomShare.org does not guarantee their accuracy or that using the services of MomShare.org is legal for any individual or organization in any specific area. MomShare.org urges you to consult with your local attorney before relying upon any of the legal resources provided on this web site, and/or before using the services of MomShare.org, and that you keep aware of the changes in state law in your state.
LINKS TO OTHER SITES
MomShare.org websites provides many links to other web sites as a public service to you and it is impossible for us to constantly monitor what is on each of the sites we link to. MomShare.org is not liable for any damages that result from following any of the links provided at MomShare.org.
CONTENT SUBMISSION
By submitting content (including but not limited to stories, poems, articles, photos, etc.) to MomShare.org you represent that you have the right to submit this content and that you give MomShare.org the right to reprint this content on the Internet, via e-mail and in print form.
All referrals by MmShare.org are provided as a community service do not constitute endorsement of the professional by MomShare.org. MomShare.org assumes no liability for any damages resulting from any referral.
ERROR
Because of computer and human error, MomShare.org cannot guarantee the accuracy of any statistics or other information that is presented through the site and therefore is not liable for any resulting damages.
SERVER OR WEB SITE FAILURE
MomShare.org works hard to keep the web site online and functioning properly. However, there are many elements relating to routers, servers, files, programming and other errors that are beyond our control. MomShare.org assumes no liability for damages resulting from failures of the site, server, files, or programming, or damages resulting from "hackers" or "viruses", hardware failure, or other website downtime or data loss.
ADVICE
MomShare.org deals with a large volume of visitors and e-mail inquiries and provides answers to many questions as a community service. Because of the large volume of questions, many of these answers are generic in nature and may or may not apply to your specific situation or geographic area. By asking a question of MomShare.org, you agree that any counsel given by e-mail, telephone, or through the website is non-authoritative, and that you will not rely upon this information, and that you will consult with a qualified professional before making any decisions. You agree that MomShare.org assumes no liability from answering these questions, or posting this information.
CONTACT US
If you discover someone who is not abiding by these rules, you agree that you will immediately contact us by e-mail at contactus@momshare.org.
MODIFICATIONS
MomShare.org may modify these Terms of Service from time to time in its sole discretion. Each time you log on to MomShare.org, you will be deemed to have accepted any such changes. From time to time MomShare.org may modify these Terms of Service ("Modifications") or supplement these Terms of Service with additional terms pertaining to specific content or events, ("Additional Terms"), which Modifications or Additional Terms may be placed on MomShare.com websites or be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Modifications or Additional Terms are hereby incorporated by reference into these Terms of Service. MomShare.org may modify or discontinue MomShre.org with or without notice to you and without liability to you or any third party.
TERMINATION
MomShare.org reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access MomShare.org and/or any other service provided to you by MomShare.org including any e-mail account upon any breach by you of the Terms of Service. If services are terminated because of rule breaking, no refunds of any donations will be made.
CONTENT OF MESSAGES
You alone are responsible for the content of your messages, and the consequences of any such messages. MomShare.org reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the guidelines.
Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. MomShare.org is to be used by you for your personal use only. Commercial uses of MomShare.org are strictly prohibited unless prior written consent from MomShare.org has been granted. You agree that you will not use MomShare.org for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) 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 a list.
You further agree not to use MomShare.org to send or post on message boards or any place on MomShare.org, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature 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. MomShare.org reserves the right to delete any such material from MomShare.org. MomShare.org can cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of MomShare.org. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use MomShare.org 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) MomShare.org 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 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 MomShare.org, 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 MomShare.org is not protected by Rights rests with you. You acknowledge that MomShare.org 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 MomShare.org, including message boards, forums, contests and chat rooms, you grant MomShare.org and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, 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 validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on MomShare.org retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY CONTESTS ON MOMSHARE.ORG, YOU HEREBY EXPRESSLY PERMIT MOMSHARE.ORG TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY MOMSHARE.COM IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
THIRD PARTY SERVICES
You may order services or merchandise through MomShare.org from other persons not affiliated with MomShare.org ("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. MomShare.org makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider MomShare.org nor will MomShare.org be construed as a party to such transactions, whether or not MomShare.org 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.
MomShare.org may include special routing icons (or links) which may be located within MomShare.org, the activation of which will allow you to access and learn more about MomShare.org and other services provided by MomShare.org or its affiliates 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.
REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify MomSHare.org of any unauthorized use of your registration or password.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT USE OF MOMSHARE.ORG IS AT YOUR SOLE RISK. MOMSHARE.ORG IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOMSHARE.ORG 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.
MOMSHARE.ORG MAKES NO WARRANTY THAT MOMSHARE.ORG WILL MEET YOUR REQUIREMENTS, OR THAT MOMSHARE.ORG WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MOMSHARE.ORG MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MOMSHARE.ORG. MOMSHARE.ORG WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF MOMSHARE.ORG.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MOMSHARE.ORG 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 MOMSHARE.ORG DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH MOMSHARE.ORG. MOMSHARE.ORG 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 MOMSHARE.ORG NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN MOMSHARE.ORG, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. MOMSHARE.ORG ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
MOMSHARE.ORG 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 THIS SERVICE AREA. YOUR PARTICIPATION IN MOMSHARE.ORG IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOMSHARE.ORG OR THROUGH MOMSHARE.ORG SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
MOMSHARE.ORG MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH MOMSHARE.ORG OR ANY TRANSACTIONS ENTERED INTO THROUGH MOMSHARE.ORG.
LIMITATION OF LIABILITY MOMSHARE.ORG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE MOMSHARE.ORG OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH MOMSHARE.ORG 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 INTANGIBLE, EVEN IF MOMSHARE.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold each of MomShare.org, their parents, subsidiaries, affiliates, officers 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 MomShare.org, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
APPLICABLE AND GOVERNING LAW
You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of California, United States of America, excluding its conflict of laws rules. You agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of The Superior Court of the County of Monterey, California.
REMEDIES FOR BREACH OF THESE TERMS BY YOU
In the event that MomShare.org determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of MomShare.org, MomShare.org reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to MomShare.org, (iii) delete all content provided by you to MomShare.org, (iv) discontinue your registration with MomShare.org and/or any other MomShare.org community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which MomShare.org deems to be appropriate.
MISCELLANEOUS
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.
MomShare.org may assign its rights and obligations under these Terms of Service and upon such assignment MomShare.org may be relieved of any further obligation hereunder.
You represent to MomShare.org that you have the authority to register with MomShare.org or use MomShare.org according to these Terms of Service.
MomShare.org may modify these Terms of Service from time to time in its sole discretion. Each time you log on to MomShare.org, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at MomShare.org's discretion) to provide you notice of such changes to any e-mail address you have provided to MomShare.or, or post office address you have provided to MomShare.org.
MomShare.org may modify or discontinue MomShare.org, or any portion thereof or any services, 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.
MomShare.org reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on MomShare.org by MomShare.org) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of MomShare.org, 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.
CONCLUSION
Neither MomShare.org, its affiliates, its sponsors, nor any other contributors take responsibility for any consequence relating directly or indirectly to any information, recommendations, advice, treatment, computer, networking, site error, human error, procedure, release of information, links to other sites, action or application of medicine or law by any person using MomShare.org web site or any other services of MomShare.org.
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