Mommy Assistant Title

Terms of Use

This Agreement sets forth the terms and conditions between Mommy Assistant, LLC (“Mommy Assistant”) and you and governs the use of the service offered at the Mommy Assistant Website and through any Mommy Assistant mobile application (collectively, the “Site”). Please read this Agreement before using the Site. By using the Site and the services offered by Mommy Assistant, you consent to this Agreement and any new version of it posted since you first used the Site and the services of Mommy Assistant. Use of the Site constitutes an agreement with the Terms of Use (this “Agreement”), whether or not you register as a member of Mommy Assistant (“Member”). If you wish to become a Member and make use of the Mommy Assistant service (the “Service”), then please read this Agreement. By using this Site, you do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. If you object to anything in this Agreement or the Mommy Assistant Privacy Policy, do not use the Site or the Service. The Terms of Use are subject to change by Mommy Assistant at any time, effective upon posting on the Mommy Assistant Website, and your use of the Site or the Service after such posting will constitute acceptance by you of such changes.

  1. ACCEPTANCE OF TERMS OF USE AGREEMENT. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified by Mommy Assistant from time to time, such modifications to be effective upon posting by Mommy Assistant on the Site. By accessing the Site or becoming a Member, you accept this Agreement and agree to its terms and conditions. In addition, by accessing the Site or becoming a Member, you consent to have this Agreement provided to you in electronic form.
  2. THE MOMMY ASSISTANT SITE. The Site is designed to connect individuals seeking assistance with chores, errands, child care, and other in-home and out-of-home needs (“Recipients”) with individuals or companies providing assistance with chores, errands, child care, and other in-home and out-of-home needs (“Assistants”). Mommy Assistant does not take part in the interaction between Recipients and Assistants except to collect payments on the behalf of Recipients and Assistants through the Site. Recipients, Assistants, and all other users understand and expressly agree that Mommy Assistant does not have control over the quality, integrity, timing, legality or any other aspect of the services actually delivered by the Assistants, nor of the integrity, responsibility or any of the actions of the Recipients. Mommy Assistant makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Assistants or Recipients through the Site whether in public, private or offline interactions. Mommy Assistant does not assume any responsibility for the accuracy or reliability of any information provided by Assistants or Recipients on this Site. Mommy Assistant does not assume and expressly disclaims any liability that may result from the use of this information. Mommy Assistant is not responsible for the conduct, whether online or offline, of any Assistant, Recipient, or user of the Site or Member of the Service. All users including both Recipients and Assistants do hereby expressly agree not to hold Mommy Assistant or Mommy Assistant’s officers, directors, members, investors, agents, assignees, representatives, independent contractors, or employees liable for any instruction, advice, assistance, child care, or other services delivered or provided which originated through Mommy Assistant or the Site and Mommy Assistant and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, injuries, losses, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
  3. WHO MAY USE THE SERVICES OF MOMMY ASSISTANT. Our services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to individuals under the age of nineteen (19) or to anyone who is not legally eligible to work in the United States. This Site is currently available only to United States citizens and/or any individuals who are legally in the United States and who are legally eligible to work in the United States.By requesting to use, registering to use and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you agree to abide by all of its terms and conditions. In addition, you represent and warrant that you and each member of your household (a) have never been arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, theft, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity, and (c) have never been charged or served with a domestic violence or harassment protection order or restraining order.You hereby authorize Mommy Assistant to check the accuracy and truthfulness of the information you provided, and you agree that Mommy Assistant reserves the right, but not the obligation, to verify your representations and warranties, which may include, without limitation, conducting criminal background checks, employment background checks, credit history checks, and using other available public records, and to take action it deems appropriate in its sole discretion, including but not limited to terminating your membership, should it determine, in its sole opinion, that you have violated any representation or warranty or any other provision of this Agreement.Certain parts of the Site are limited to Members only. If Mommy Assistant determines, in its sole and absolute discretion, after conducting criminal background, employment history and credit history checks, and other verification procedures, that you do not qualify to become a Member of the Service, you will be denied access to the parts of the Site which are limited to Members only. Similarly, if Mommy Assistant should determine, in its sole opinion, that you have violated any representation or warranty or any other provisions of this Agreement, you will be denied access to the parts of the Site which are limited to Members only.

    MOMMY ASSISTANT DOES NOT WARRANT, AND YOU SHOULD NOT RELY SOLELY UPON ANY ACTIONS WHICH MOMMY ASSISTANT MAY TAKE TO VERIFY THE STATEMENTS, REPRESENTATIONS, AND WARRANTIES MADE BY RECIPIENTS, ASSISTANTS, AND ALL OTHER USERS OF THE SITE. RATHER, RECIPIENTS ARE ENCOURAGED TO, AND EXPECTED TO, PERFORM THEIR OWN INDEPENDENT BACKGROUND CHECKS, TO OBTAIN REFERENCES, AND TO OBTAIN SUCH OTHER INFORMATION ABOUT ASSISTANTS AS RECIPIENT DEEMS NECESSARY, IN RECIPIENT’S SOLE JUDGMENT, FOR RECIPIENT’S NEEDS AND PURPOSES, AND ASSISTANTS ARE ENCOURAGED TO, AND EXPECTED TO, PERFORM THEIR OWN INDEPENDENT BACKGROUND CHECKS, TO OBTAIN REFERENCES, AND TO OBTAIN SUCH OTHER INFORMATION ABOUT RECIPIENTS AS ASSISTANT DEEMS NECESSARY, IN ASSISTANT’S SOLE JUDGMENT, FOR ASSISTANT’S NEEDS AND PURPOSES.

    MOMMY ASSISTANT EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY RECIPIENTS, ASSISTANTS, AND ALL OTHER USERS OF THE SITE. RECIPIENTS, ASSISTANTS, AND ALL OTHER USERS HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD MOMMY ASSISTANT HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY RECIPIENTS, ASSISTANTS, AND ALL OTHER USERS OF THIS SITE.

  4. RELEASE. Recipients may seek the services of an Assistant through the use of the Site and Assistants may submit proposals to Recipients regarding their services. In the event that a Recipient and an Assistant agree on the provision of services such agreement is solely between the Recipient and the Assistant; Mommy Assistant is not a party to any such agreement. Any issues concerning the services received by the Care Seeker or payment due to the Care Provider must be resolved directly by the Care Seeker and the Care Provider. Mommy Assistant will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands, injuries, losses or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues or which are in any way connected with the services provided by Assistant to Recipient. By using this Site, you do hereby represent, understand, and expressly agree to release and hold Mommy Assistant harmless for any claim, demand, injuries, losses or controversy that may arise from any services provided by Assistant to Recipient, from any conduct and actions by any Recipient, Assistant, or other user(s) of the Site, and from any disputes between you and any other user(s) of the Site. Mommy Assistant will use its reasonable efforts to monitor Assistant and Recipient profiles, actions, comments, and general usage of the Site and suspend privileges to any Recipient or Assistant not adhering to the policies of the Site. You agree to take reasonable precautions and to take sole responsibility in all interactions with other users of the Site, particularly if you decide to meet offline or in person. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to Mommy Assistant immediately by notifying Mommy Assistant of the same via electronic correspondence.
  5. EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
  6. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. Mommy Assistant is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, “Content”) that you publish or display (hereinafter, “post”) on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Mommy Assistant or to any other user of the Site.You understand and agree that Mommy Assistant may review and delete any Content, in each case in whole or in part, that in the sole judgment of Mommy Assistant violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site.By posting Content to any public or member area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to Mommy Assistant, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Mommy Assistant will not infringe or violate the rights of any third party.

    Your use of the Site, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.

  7. PRIVACY.
    1. We collect the following information: When you register as an Assistant or as a Recipient, and when you transact any business with us, respond to a survey, or fill out a form, we obtain from you the information we need to complete your enrollment and transaction. This information may include, but not necessarily be limited to, your name, email address, mailing address, telephone number, driver’s license number, gender, age, birth date, service category, personal description, and Social Security number. If you pay by credit card, debit card, or check, your account number will also be obtained.
    2. If you register with Mommy Assistant as an Assistant or as a Recipient, or if you authorize Mommy Assistant to send correspondence to you, Mommy Assistant will collect the information you submit. Further, if you choose to participate as an Assistant or as a Recipient or to use our programs and services, we may collect additional information about you. We also obtain information about the specific services you offer, receive, or wish to receive when you communicate with the Site.
    3. What do we use your information for?
      a. We may use any of the information we collect from you in one or more of the following ways:

      1. To personalize your experience. Your information helps us to better respond to your individual needs.
      2. To improve our website. We continually strive to improve our website based upon the information and feedback we receive from you and others.
      3. To improve customer service. Your information helps us to more effectively respond to your customer service request and support needs.
      4. To process transactions. When you make a business transaction with Mommy Assistant, your information will be used to enable us to deliver the product or service you have purchased or requested to you.
      5. To administer a contest, promotion, survey or other Site feature.
      6. To send periodic emails to you. The email address you provide to us for order processing may also be used to send you information and updates pertaining to your order and to send you, from time to time, news, updates, and related product or service information about Mommy Assistant. If, at any time, you would like to unsubscribe from receiving future emails, we include detailed “unsubscribe” instructions at the bottom of each email.
    4. Use of cookies.
      a. Cookies are small files that a website or its service provider transfers to the hard drive on your computer through your web browser. Cookies enable the site’s or service provider’s systems to recognize your browser and capture and remember certain information. We use cookies to help us remember and process the items in your shopping cart, to understand and save your preferences for future visits to our Site, to keep track of advertisements and compile aggregate data about the Site traffic and Site interaction so that we can offer better Site experiences and tools in the future.
    5. Information we share with others:
      1. We share the information you provide to us with third parties with whom Mommy Assistant contracts to verify your representations and warranties, and to conduct background checks, for purposes of checking the accuracy and truthfulness of the information you provide to us when registering as a Recipient and/or as an Assistant.
      2. When you register to be an Assistant, we share a limited amount of your information with persons who have registered with the Site to be recipients of the services you provide. The information we provide to recipients will be limited to your name and email address so that you will be able to communicate with the proposed recipient of your services.
      3. When you register to be a Recipient, we share a limited amount of your information with persons who have registered with the Site to be Assistants to provide the services you require. The information we provide to Assistants will be limited to your name and email address so that you will be able to communicate with the proposed Assistant.
      4. In order to provide you with quality service, it is sometimes necessary for us to share your information with others, and we may share the personal information we have about you as allowed by law. When other parties receive your information from us to help us conduct our business, we require those other parties to protect your personal information. Further, we do not permit any third parties to use or share your personal information for any purpose other than the work that they are doing on our behalf or as required by law.
      5. Generally, you have the right to review information we have about you. We may charge you for copies of records you request. We will not make available information we have collected in connection with or anticipation of a legal proceeding. If you believe that any of our records are not correct, you may notify us in writing of any corrections you believe should be made. If you have questions about accessing or correcting your information, please direct them to the address provided below.
      6. Safeguarding your information. Protecting your personal information is very important to us. We have appropriate physical, technical, and procedural safeguards in place to secure the personal information we collect from you. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment Gateway provider’s database only to be accessible by those persons authorized with special access rights to such systems, all of whom are required to keep the information confidential. After a transaction, your private information, including credit card number, Social Security number, and financial information, will not be kept on file for more than sixty (60) days. We maintain strict control over access to your information. The only employees of Mommy Assistant who are permitted to access your information are those with a business need to know. Our standards to safeguard this type of information meet or exceed the requirements of federal and state law. We limit the information we provide to outside companies and third parties to only information we believe is appropriate to enable them to carry out their responsibilities under our contracts. We require outside parties to have appropriate information security safeguards, and that the information provided will be used only for the specifically authorized purposes.
      7. On rare occasions, we may be required to disclose the information we collect about you pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We may also release your information when we believe release is appropriate to enforce our Site policies, or to protect our rights or the rights, property, or safety of ourselves and others. Also, if ownership of all or a part of the business of Mommy Assistant were to change, information about you pertinent to Mommy Assistant’s operations would likely be transferred to, or licensed for use by, the new owner.
      8. We will continue to limit disclosures of your personal information even if our relationship with you ends.
  8. INFORMATION WE DO NOT SHARE:
    1. We do not sell, trade, rent, or otherwise transfer to outside parties the personally identifiable information you have provided to us. This does not included trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those third parties agree to keep your personally identifiable information confidential.
    2. We do not share your personally identifiable information with nonaffiliated companies or entities who want to market their products or services to you (except at your request or with your consent). However, we may, from time to time, provide your nonpersonally identifiable information to third parties for marketing, advertising, and other uses.
  9. THIRD-PARTY LINKS. From time to time, and at our discretion, we may include or offer third-party products or services on our website. All third-party products or services have their own separate websites, and those third-party sites have separate and independent privacy policies. Therefore, we have no responsibility or liability for the content and activities of those third-party linked sites. Nonetheless, we seek to protect the integrity of our Site, and welcome any feedback from you about those third-party websites.
  10. CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE. Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all users of our Site may make any changes to their information at any time by logging into their control panel and going to the “edit profile” page.
  11. ONLINE PRIVACY POLICY ONLY. This online privacy policy applies only to information we collect through our Site, and not to information collected offline.
  12. YOUR CONSENT. By using our Site, you consent to our privacy policies.
  13. CHANGES TO OUR PRIVACY POLICY. From time to time, we may change our privacy policies. If we do change our privacy policies, we will post the changes in the privacy policies section of our Site. Our privacy policies were last modified on December 12, 2012.
  14. COPPA COMPLIANCE. Recipients and Assistants should monitor children’s use of the Internet. Mommy Assistant is intended for and directed to people 19 years of age or over. Mommy Assistant will not knowingly collect any information from children under 13 years of age. You must identify your age during the registration process. Mommy Assistant takes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information to us when using this Site, your membership will be terminated immediately.
  15. PROHIBITED USE. The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Recipients or Assistants for employment or contracting for a business not affiliated with Mommy Assistant without express written permission from Mommy Assistant. Should Mommy Assistant find that you violated the terms of this paragraph or any terms stated herein, Mommy Assistant reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a $20,000 penalty fee plus an additional $2,000 daily penalty fee for soliciting, either in a manual or automatic manner, Recipient or Assistant information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating site content, including but not limited to, use on a “mirrored”, competitive, or third party site.Although Mommy Assistant cannot monitor the conduct of its users off the Site, it is also a violation of these Terms of Use to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.In order to protect the integrity of the Site and the Service, Mommy Assistant reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.Mommy Assistant reserves the right, in its sole discretion, to terminate your access to all or part of the Mommy Assistant Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your membership in Mommy Assistant, for any reason or no reason, with or without notice. Following any termination of any member’s use of the Site, Mommy Assistant reserves the right to send a notice thereof to other members which whom you have corresponded.
  16. NO SPAM. You shall not use the Site to send unsolicited bulk advertising or promotional messages, chain letters, pyramid schemes, or promotional messages (“spam”). Further, you shall not harvest email addresses or instant messaging identifiers from the Site. Should you send spam or harvest, or attempt to harvest email addresses or instant messaging identifiers, Mommy Assistant will incur damages, the exact nature and extent of which may be difficult to determine, and you therefore agree to pay liquidated damages of $4.00 per individual recipient of any spam which you knowingly send or cause to be sent through the Site, and $4.00 per email address and instant messaging identifier which you harvest or attempt to harvest.
  17. PAYMENT AND REFUND POLICY FOR INDIVIDUAL RECIPIENTS. You are required to pay for all costs, fees, and for all services provided by Mommy Assistant at the time you register with Mommy Assistant. Thirty Dollars ($30.00) of your payment is a nonrefundable fee for conducting a background check and other verification procedures on you. The remainder of your payment is refundable on a prorated basis if you are not completely satisfied with the Service. If you are not completely satisfied with the Service and desire to cancel your Membership, Mommy Assistant will refund the remainder of your payment to you, prorated for the unused remaining days of your Membership.
  18. PAYMENT AND REFUND POLICY FOR INDIVIDUAL ASSISTANTS. You are required to pay for all costs, fees, and for all services provided by Mommy Assistant at the time you register with Mommy Assistant. Thirty Dollars ($30.00) of your payment is a nonrefundable fee for conducting a background check and other verification procedures on you. The remainder of your payment is refundable on a prorated basis if you are not completely satisfied with the Service. If you are not completely satisfied with the Service and desire to cancel your Membership, Mommy Assistant will refund the remainder of your payment to you, prorated for the unused remaining days of your Membership.
  19. DETERMINATION OF SERVICES TO BE PROVIDED BY ASSISTANT TO RECIPIENT. It shall be the sole and absolute responsibility of the Recipient and the Assistant to determine the nature, type, and scope of services to be provided by the Assistant to the Recipient, and the price and payment terms for such services. Mommy Assistant shall have no role or responsibility whatsoever with regard thereto. In the sole discretion and judgment of the Recipient and the Assistant, the Recipient and Assistant shall agree upon the type of services to be provided, the price to be paid for the services, the payment terms, the days and hours during which services are to be performed, and such other terms and conditions as the Recipient and the Assistant, in their sole judgment and discretion, shall deem necessary and appropriate.
    1. You understand and agree that certain federal, state, and local taxes may be assessed for the services provided by the Assistant to the Recipient, including, but not limited to, income taxes, employment taxes (such as FICA, Social Security tax, Medicare tax), sales tax, and use tax. Recipient and Assistant shall be solely responsible for, and shall pay all such taxes as required under applicable federal, state, and local laws, rules, and regulations. Under no circumstance whatsoever, shall Mommy Assistant be responsible for, or pay for, any taxes which are, or may be, assessed upon the Recipient or the Assistant for services provided by the Assistant to the Recipient. Further, you agree to indemnify, defend and hold harmless Mommy Assistant from and against any and all claims, losses, damages, expenses, or demands of liability, including attorney’s fees and costs incurred by Mommy Assistant, with regard to, and/or in connection with, any taxes assessed to or owed by the Recipient or the Assistant for any services provided by the Assistant to the Recipient. You should consult your own tax advisor for specific advice with regard to any and all taxes which may be assessed and for which you may be responsible.
  20. FAIR CREDIT REPORTING ACT. Pursuant to the Fair Credit Reporting Act (the “FCRA”), by this notice Mommy Assistant, LLC, notifies you that it may, as part of its service, obtain a consumer report about you from a consumer reporting agency or a third-party verification service. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports. You agree to indemnify and hold harmless Mommy Assistant from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Mommy Assistant does not assume and expressly disclaims any liability that may result from the use of information provided by a consumer reporting agency or a third-party verification service.
  21. NO WARRANTY. The information and materials contained in this website, including text, graphics, information, links or other items are provided “as is”, “as available”. MOMMY ASSISTANT DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
    1. MOMMY ASSISTANT DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. MOMMY ASSISTANT DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SITE.IN ADDITION AND WITHOUT LIMITING THE FOREGOING, MOMMY ASSISTANT MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS AN ASSISTANT OR REGARDING THE SUITABILITY OF ANY MEMBER OF OUR SITE TO BE A RECIPIENT OF SERVICES.
    2. Information Provided by Other Parties. MOMMY ASSISTANT DOES NOT ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN MOMMY ASSISTANT. UNDER NO CIRCUMSTANCES WILL MOMMY ASSISTANT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY USERS.
  22. ASSUMPTION OF RISK. You assume all risk when using the Site, including but not limited to all of the risks associated with any online or offline interactions with Members of the Site. You agree to take all precautions you deem necessary in your sole discretion when interacting with others Members of the Site.
  23. LIMITATION OF LIABILITY.
    1. Incidental Damages and Aggregate Liability. In no event will Mommy Assistant be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site, including without limitation damages related to any information received from the Site, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Mommy Assistant, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL MOMMY ASSISTANT’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR MEMBERSHIP FEE, OR, IF YOU HAVE NOT PAID MOMMY ASSISTANT FOR THE USE OF ANY SERVICES, THE AMOUNT OF MOMMY ASSISTANT’S USUAL AND CUSTOMARY MEMBERSHIP FEE.
    2. No Liability for non-Mommy Assistant Actions. IN NO EVENT WILL MOMMY ASSISTANT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, AND/OR ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED TO ANY RECIPIENT BY ANY ASSISTANT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, LOSSES, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
    3. In addition to the preceding paragraphs of this section and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Mommy Assistant makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
  24. INDEMNIFICATION. By agreeing to the terms of this Agreement, you agree to indemnify, defend and hold harmless Mommy Assistant from and against any and all claims, losses, expenses or demands of liability, including attorneys’ fees and costs incurred by Mommy Assistant, in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site by you in violation of these Terms of Use or in violation of any applicable law. You further agree to cooperate as reasonably required in the defense of such claims. Mommy Assistant reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any claim or matter without the written consent of Mommy Assistant. You further agree to hold harmless Mommy Assistant from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.
  25. U.S. EXPORT CONTROLS. Software from this Site (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
  26. JURISDICTION AND CHOICE OF LAW. If there is any dispute or action arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Nebraska, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Nebraska, Douglas County, for the resolution of any such dispute.
  27. MISCELLANEOUS. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
  28. CONTACT INFORMATION. If you have any questions or need further information as to the Site or services provided by Mommy Assistant, or need to notify Mommy Assistant as to any matters relating to the Site or services, please contact Mommy Assistant at:

www.mommyassistant.com
E-Mail: sfeltus@mommyassistant.com
Phone: (402) 915-2831