Terms and Conditions
Welcome to the SMARTMOMZ.COM community website. By accessing this site you accept and agree to the following terms and conditions:
1. Acceptance of Terms
SMARTMOMZ.COM provides this service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. By using the SMARTMOMZ.COM community website you agree to these TOS in full. You understand and agree that these TOS constitute the entire agreement between SMARTMOMZ.COM and yourself in respect of your use of the SMARTMOMZ.COM community website and replace any and all prior agreements and arrangements.
2. Description Of Service
SMARTMOMZ.COM currently provides users with access to a rich collection of resources, including various communications tools, forums, search services, blog posts and information. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that SMARTMOMZ.COM assumes no responsibility for the timeliness, deletion, failure to deliver or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service. SMARTMOMZ.COM are unable to guarantee a fault free service all of the time. You should report a fault in the SMARTMOMZ.COM community website to SMARTMOMZ.COM by email. SMARTMOMZ.COM will try to correct the fault as soon as reasonably practicable but does not offer any warranty or service guarantee whatsoever. Your access to the SMARTMOMZ.COM community website may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. SMARTMOMZ.COM will restore the SMARTMOMZ.COM community website as soon as reasonably practicable after any restriction.
The views and opinions that may be expressed on the SMARTMOMZ.COM community website do not necessarily reflect those of SMARTMOMZ.COM. SMARTMOMZ.COM reserves the right to edit or delete any messages, information or attachments submitted to the SMARTMOMZ.COM community website including without limitation any information which contravenes the rules of Member Conduct Section 6 below. In the event that information is edited or deleted by SMARTMOMZ.COM, SMARTMOMZ.COM will make reasonable attempts to contact the author of the material and explain why editing or deletion may be necessary.
3. Your Registration Obligations
In consideration of your use of the Service, you agree to:
(a) Provide true, accurate, current and complete information about yourself/organization as prompted by the Service’s registration form (such information being the “Registration Data”)
(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SMARTMOMZ.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SMARTMOMZ.COM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Registration Data and certain other information about you are subject to our Data Protection Policy.
5. Member Account, Password and Security
If you are issued a member account and password you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to:
(a) Immediately notify SMARTMOMZ.COM of any unauthorized use of your password or account or any other breach of security.
(b) Ensure that you exit from your account at the end of each session.
(c) Ensure that your password and account are not shared with any third party.
SMARTMOMZ.COM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not SMARTMOMZ.COM, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the SMARTMOMZ.COM community website. SMARTMOMZ.COM does not control the content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will SMARTMOMZ.COM be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service.
You agree to not use the service to: upload, post, email, transmit or otherwise make available any content that
- is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- can harm minors in any way;
- impersonates any person or entity, including, but not limited to, a SMARTMOMZ.COM official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forges headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service; 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);
- infringes any patent, trademark, trade secret, copyright or other proprietary rights (“rights”) of any party;
- is unsolicited or unauthorized advertisements, promotional materials, “junk mail,” “spam,” “chain letters”, “pyramid schemes,” or any other form of solicitation.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interferes with or disrupts the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
- is for personal business interests without any prior notification to site admin and / or without any formal financial agreement related to business promotion and / or advertising at SMARTMOMZ. This also includes commercial promotions by members without any notification to the site admins, that do not give any credit to SMARTMOMZ for their presentation on SMARTMOMZ.com website.
You acknowledge that SMARTMOMZ.COM may or may not pre-screen content, but that SMARTMOMZ.COM shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the Service. Without limiting the foregoing, SMARTMOMZ.COM and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge, consent and agree that SMARTMOMZ.COM may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any content violates the rights of third-parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of SMARTMOMZ.COM, its users and the public.
You understand that the technical processing and transmission of the service, including your content, may involve:
(a) Transmissions over various networks; and
(b) Changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to indemnify and hold SMARTMOMZ.COM, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.
8. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the service, use of the Service, or access to the service.
9. Modifications to Service
SMARTMOMZ.COM 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 SMARTMOMZ.COM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that SMARTMOMZ.COM may, under certain circumstances and without prior notice, immediately terminate your account, and access to the service. Cause for such termination shall include, but not be limited to:
(a) Breaches or violations of the TOS or other incorporated agreements or guidelines,
(b) Requests by law enforcement or other government agencies,
(c) A request by you (self-initiated account deletions),
(d) Discontinuance or material modification to the Service (or any part thereof),
(e) Unexpected technical or security issues or problems, and
(f) Extended periods of inactivity.
11. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SMARTMOMZ.COM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide websites or resources. Because smartmomz.com has no control over such sites and resources, you acknowledge and agree that smartmomz.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that smartmomz.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMARTMOMZ.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SMARTMOMZ.COM MAKES NO WARRANTY THAT:
THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE 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 ANY SUCH MATERIAL.
14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMARTMOMZ.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMARTMOMZ.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i)THE USE OR THE INABILITY TO USE THE SERVICE;
(ii)THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii)UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv)STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v)ANY OTHER MATTER RELATING TO THE SERVICE
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