Welcome to the Mom Trusted Service, a functional network that connects you with parents around you. The Mom Trusted Service (defined below) is operated by Mom Trusted, LLC and its subsidiaries and affiliates (“us,” “we,” or “Mom Trusted”). This Agreement governs the use of the services (the “Service” or “Site”) offered by MomTrusted.com. By using or accessing the Mom Trusted Service, you agree that you have read, understand, accept and are bound by these Terms of Use (“Terms”), without modification by User. If you object to anything in this Agreement or the Privacy Policy, do not use the Site or the Service. We reserve the right, at our sole discretion, to change or delete portions of these Terms at any time without further notice. Your continued use of the Mom Trusted Service after any such changes, or your failure to terminate your account before the effective date of the revised version, constitutes your acceptance of the new Terms.
A Communication Platform
MomTrusted.com is a communications platform for enabling the connection between individuals (“Parents”), individuals seeking services (“Care Seekers”) and/or individuals, and facilities/companies seeking to provide services (“Care Providers”)(collectively, “Users”). MomTrusted.com does not take part in the interaction between Parents, Care Seekers and Care Providers except to provider the platform for communication and connection. Users do hereby represent, understand and expressly agree that MomTrusted.com does not have liability for or control over the veracity of Users, quality of information, or integrity of Parents, Care Seekers, and Care Providers, or the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Care Providers. MomTrusted.com does not assume and expressly disclaims any liability that may result from the use of this information. MomTrusted.com is not responsible for the conduct, whether online or offline, of any user of the Site or Service. All users expressly agree not to hold MomTrusted.com (or MomTrusted.com’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, partners, or employees, hereinafter “Affiliates”) liable for any instruction, advice, act, omission, or services delivered which originated through the Site and MomTrusted.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise.
Eligibility & User Expectations
You may not use the Mom Trusted Service if you are under 13. If you are between the ages of 13 and 17, you must have parental consent to use the MomTrusted.com. If you are required to register as a sex offender in any jurisdiction, you may not use the Mom Trusted Service. This Site is currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and may legally work within its jurisdiction. Mom Trusted does not make any recommendation about Parents, Care Seekers, or Care Providers. The Mom Trusted service exists to connect Parents, Care Seekers, and/or Care Providers. All Users must use their own judgment, discretion, and due diligence in making any decision. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, experience and/or eligibility for employment in the jurisdiction of the United States of any Care Provider or any other users of this Site are not the responsibility of the Mom Trusted Service. MomTrusted.com does not take part in the interactions between users and, therefore, disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any Users of this Site. Should Mom Trusted become aware that an Eligibility Condition is not met or appears not to be met, We may terminate the User without notice. By using the Site, Care Providers expressly agree they are in compliance and have met any and all Local, State, and Federal regulations and laws pertaining to the services they provide.
Privacy
The privacy of our Users is important and we encourage and expect that our Users have read our Privacy Policy.
Transactions and Release
The Mom Trusted Service does not make any recommendation about Parents, Care Seekers, or Care Providers. The Mom Trusted service exists to connect Parents, Care Seekers, and/or Care Providers. All Users must use their own judgment, discretion, and complete their own due diligence before making any decision or entering into any agreement or transaction. All agreements, transactions, or contracts are between Users; Mom Trusted is in no way involved in, or a party to, any such agreement. By using the Site, all Users agree not to hold MomTrusted.com for any claims, liability, damages, known or unknown, or disputes that arise. MomTrusted.com will make a good faith effort to monitor User profiles, actions, and comments and suspend or terminate any User not complying with the terms of this Site. Users agree to report any suspected improprieties to MomTrusted.com immediately through the flagging system on the Site or via electronic correspondence at info@MomTrusted.com.
Prohibited Behavior
Any usage of the Site, by any User, that MomTrusted.com finds inappropriate and/or offensive, in its sole discretion, may result in immediate suspension or termination of the access and use of this Site.
By using or accessing the Mom Trusted Service, you represent, warrant and agree that you will not:
• intimidate or harass any user;
• do anything that could disable, impair or otherwise cause interruptions to the proper working of the Mom Trusted Service;
• use any robot, spider, scraper or other automated means to access the Mom Trusted Service;
• send spam or any other unauthorized advertisements or solicitations through or using the Mom Trusted Service;
• attempt to harvest, collect or use addresses, phone numbers or email addresses or other contact information of users of the Mom Trusted Service without consent from such Mom Trusted and Users;
• solicit private information (including social security numbers, credit card numbers and passwords) from users of the Mom Trusted Service;
• provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself or create a page without authorization;
• use the site, your profile, or communications with other Users for any commercial purpose or solicitation, without the express written permission of Mom Trusted;
• offer any contest, sweepstakes, coupon or other promotion through the Mom Trusted Service without our prior written consent;
• do anything that is illegal, infringing, fraudulent, malicious or could expose Mom Trusted or the Mom Trusted Service users to harm or liability; or
• upload materials, including photos and videos, or files that contain software or any other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
• attempt, encourage or facilitate any of the above.
COPPA COMPLIANCE
All Users should monitor children’s use of the Internet. Children under 13 should not use our site. Users must identify your age during the registration process. Mom Trusted.com will not knowingly or intentionally collect any information from children under 13. We take the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, Mom Trusted does not assume any responsibility for any misrepresentations regarding your age or parental consent. Should the Mom Trusted team believe a User has provided false or otherwise inaccurate information, we reserve the right to terminate that User.
Information provided by Users
Users are responsible for updating and providing accurate and complete profile information. Mom Trusted.com is not responsible for any inaccurate, untimely, or incomplete information or any claims arising from such information.
Users, by using Mom Trusted.com, agree that they will not post to the Site, or otherwise share with other members:
• User Content that violates the law or anyone’s rights, including intellectual property (“IP”) rights or other proprietary rights (such as rights of publicity and privacy);
• any Contact Information or private information of any third party;
• false, misleading or fraudulent information;
• any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
• any mature content not suitable with the purpose and community of Mom Trusted.
• User Content that is inappropriate threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or violence, or anything else that we may consider offensive.
Mom Trusted.com does not pre-screen, review, edit or approve any User Content. The Mom Trusted community may flag inappropriate content and Mom Trusted may, in its sole discretion, remove or disable access to any User Content.
“User Content” means any material that you Post on or through the Mom Trusted Service. “Post” means to upload, post, transmit, share, store, link to or otherwise make available on the Site.
By posting or otherwise sharing any information on Mom Trusted, Users represent and warrant that they are the owner or otherwise have the right to publicly distribute the information or materials. Any submissions shared or posted publicly will be considered public, and Mom Trusted.com will not be responsible for the action of Users with any public information.
Provider Information
Providers are expected to keep all information updated and accurate. All data for inspections and relevant State licenses, where possible, is sourced from the relevant and appropriate State or Local governing organization. Disputes of incorrect or inaccurate data must be handled with the State or Local organization. Mom Trusted does not hold claim to that information, the accuracy, or its timeliness.
Release
By using this Site, you agree that should you have a dispute with another User, or Users, you release Mom Trusted.com (and our directors, investors, subsidiaries, employees, and partners) from any and all claims, demands, or damages. Should you and another User decide to contract and/or exchange services you understand and agree that the agreement is solely between you and the other User and in no way involves Mom Trusted. Should you meet other Users offline or in person, you agree to take reasonable and necessary precautions. For users under 18 years of age, you agree that any offline meeting or interaction has the expression permission of your parent or guardian.
Links to External Sites
Users understand that any external link present on the site, including but not limited to advertisements, brands, framed sites and links, do not constitute an endorsement by Mom Trusted and Mom Trusted has no control, ownership, or responsibility for the content or information provided. Links are presented as a convenience for Users and Users are responsible for reviewing and assessing the veracity of any content, information, products, services, or claims presented.
Users agree to not hold Mom Trusted liable for any misrepresentations, claims, or damages from external links.
Commercial Use
Any and all commercial use, excluding Providers profiles, of Mom Trusted is expressly prohibited without the written consent of Mom Trusted. This includes but is not limited to collecting names, information, contacting Users, lead generation, and all other commercial activities.
Your Account
You need to register and create a Mom Trusted Login ID to become a Member. You are responsible for keeping your Mom Trusted Login ID and password secure. Mom Trusted Login IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your Mom Trusted Login ID. Mom Trusted reserves the right to suspend or terminate User accounts that violate the Terms of Service or are inactive for an extended period of time.
You may not use anyone else’s account, Mom Trusted Login ID at any time, without the permission of the account holder. You should never give out your password to another individual or entity. Mom Trusted will not be liable for any loss that you may incur as a result of someone else using your Mom Trusted Login ID or password, either with or without your knowledge. However, you may be held liable for losses incurred by Mom Trusted or another party due to someone else using your Mom Trusted Login ID or password. Be careful with your login ID and passwords.
Disclaimer of Warranties
YOUR USE OF THE MOM TRUSTED PLATFORM, THIRD PARTY SITES, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE MOM TRUSTED PLATFORM, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOM TRUSTED AND ITS SUCCESSORS, CONTRACTORS, PARTNERS, EMPLOYEES, SUPPLIERS, LICENSORS, AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. MOM TRUSTED AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE MOM TRUSTED PLATFORM, PLATFORM CODE, THIRD PARTY SOFTWARE, NON MOM TRUSTED CODE OR CONTENT (INCLUDING CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MOM TRUSTED PLATFORM OR THE SERVER THAT MAKES THE MOM TRUSTED PLATFORM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOM TRUSTED MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE MOM TRUSTED PLATFORM OR YOUR NETWORK (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR NETWORK.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOM TRUSTED PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOM TRUSTED OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE MOM TRUSTED PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERM
Indemnity
You agree to indemnify, defend, and hold harmless Mom Trusted, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to:
• materials and content Users submit, post or transmit through the Site, or
• use of the Site in violation of these Terms of Use or in violation of any applicable law.
• Users agree that they will cooperate as reasonably required in the defense of such claims.
• Your use or misuse of, or connection to, the Mom Trusted Platform;
• Your breach or alleged breach of this Agreement;
• Your violation of any rights (including intellectual property rights) or violation of any applicable law (including third parties);
• Your use or misuse of any User data (including Mom Trusted Member Data and Network Member Data), including, in violation of the Mom Trusted Privacy Policy and
• Your breach or alleged breach of any agreement or policy between you and other Users.
Mom Trusted reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Mom Trusted. Mom Trusted will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Limitation on Liability
By using the Site, Users agree not to hold Mom Trusted.com, our agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered which originated through the Site or otherwise were provided by a User. Users release the Mom Trusted Service and its agents, officers, directors, corporate partners, and employees from claims, demands and damages. The Site is provided “AS IS” and Mom Trusted is not responsible for any technical malfunction of hardware or software including injury or damage to a Users or any other computer resulting from participating in or downloading from the Site. Any information contained within the site is intended for informational purposes only. It does not substitute, replace, or be otherwise in lieu of professional advice for your individual situation. Always seek proper counsel and advice from the proper expert including, but not limited to, medical, legal, and financial.
In no event will the total aggregate liability to you of Mom Trusted or their licensors or partners for any and all damages, losses, claims for causes of action arising out of or relating to these terms or your use of the Site, including interactions with other Users of the Site, exceed the amount paid by you, if any, to Mom Trusted during the twelve (12) months immediately prior to the day that in which the alleged claim or action occurred or $250, whichever is greater.
Limited License
Mom Trusted.com grants Users a nonexclusive, revocable right to use the Site provided that Users comply with the Terms of Service, do not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or modify or attempt to modify the Site in any manner or form.
Arbitration
Except as set forth in the paragraph below, you agree any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cincinnati, Ohio the arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. Either you or Mom Trusted.com may seek any interim or preliminary relief from a court of competent jurisdiction in Cincinnati, Ohio necessary to protect the rights of property for you or Mom Trusted.com pending the completion of arbitration.
With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.
Digital Millennium Copyright Act
If you are a copyright owner or a direct 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 at info@Mom Trusted.com with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• 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 material claimed to have been infringed, and enough pertinent information about the location of the material to enable us to locate it within the site;
• Your contact information 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.
Licenses
As a User of Mom Trusted, you are solely responsible for the User Content that you Post on the Site. You hereby grant Mom Trusted an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to
• use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute, any User Content you Post on or in connection with the Mom Trusted Service or the promotion thereof subject only to your privacy settings and
• to use your name, likeness and image for any purpose, including commercial or advertising, in connection with the Mom Trusted Service or the promotion thereof.
You represent and warrant that you have all rights and permissions to grant the foregoing licenses.
Trademark & Ownership Rights
Except for User Content, all materials, content and trademarks on the Mom Trusted Service are the property of Mom Trusted and Mom Trusted and/or its partners or licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. The service marks and trademarks Mom Trusted, Mom Trusted, and Moms Like You are owned by Mom Trusted.com. Any other partner or affiliate trademarks, service marks, and logos on the Site are the property of their respective owners. Users agree not to in anyway use, sell, license, distribute, copy, modify, transmit, adapt or make any unauthorized use of the above mentioned material without the express written permission of Mom Trusted.com.
General
The “Mom Trusted Service” means the features, services and properties that Mom Trusted makes available through;
• www.MomTrusted.com or any other Mom Trusted-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof),
• the Mom Trusted Platform and
• any other media, devices or networks now existing or later developed.
Mom Trusted failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You may not delegate your duties under this Agreement or assign this Agreement. Mom Trusted may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties’ permitted assignees, transferees and successors.
This Agreement, which incorporates the Mom Trusted Privacy Policy and the Guidelines, constitutes the entire agreement between you and Mom Trusted and governs your use of the Mom Trusted Service, superseding any prior agreements (whether written or oral) between you and Mom Trusted.com regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.
The terms “including” and “includes” shall be deemed to be followed by the statement “without limitation” and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
Mom Trusted may provide you with notices, including those regarding changes to this Agreement or any of Mom Trusted terms and conditions, by email, regular mail, or postings on the Site. Notice will be deemed given twenty-four (24) hours after email is sent, unless Mom Trusted has previously been notified that the email address is invalid.
Questions
If you have any questions, please contact us at info@Mom Trusted.com.