TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our
customers. By using this site, you agree to comply with and be bound by the
following terms and conditions of use. Please review these terms and conditions
carefully. If you do not agree to these terms and conditions, you should not use
this site.
1. Agreement. This Agreement (the
“Agreement'”) specifies the Terms and Conditions for access to and use
of MomsDotComDream (the “Site'”) and describe the terms and conditions
applicable to your access of and use of the Site. This Agreement may be modified
at any time by Marie Pugh upon posting of the modified agreement. Any
such modifications shall be effective immediately. You can view the most recent
version of these terms at any time at
www.momstdotcomdream.com/termsandconditions.html
Each use by you shall constitute and be deemed your unconditional acceptance of
this Agreement.
2. Intellectual Property
Ownership.
(a) Our Content. All content included
on this site is and shall continue to be the property of MomsDotComDream or
its content suppliers and is protected under applicable copyright, patent,
trademark, and other proprietary rights. Any copying, redistribution, use or
publication by you of any such content or any part of the Site is prohibited
without express permission by Marie Pugh, Owner of MomsDotComDream. Under
no circumstances will you acquire any ownership rights or other interest in any
content by or through your use of this site. MomsDotComDream is the
trademark or registered trademark of Marie Pugh. Other product and company
names mentioned on this Site may be trademarks of their respective
owners.
(b) User Supplied Content. By accessing
our forum, bulletin board, chat room, or any other user interactive area of our
site, and placing any information in any of those areas, you hereby grant us a
perpetual, irrevocable, royalty free license in and to such materials, including
but not limited to the right to post, publish, transmit, distribute, create
derivative works based upon, create translations of, modify, amend, enhance,
change, display and publicly perform such materials in any form or media,
whether now known or later discovered. You also grant to others who access the
forum, bulletin board, chat room or any other user interactive area of our site
a perpetual, non-revocable, royalty free license to view, download, store and
reproduce your postings but such license is limited to the personal use and
enjoyment of such other party.
(c) Personal
Use. MomsDotComDream grants you a limited, revocable, nonexclusive license
to use this site solely for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative works, or
other use. You agree not to copy materials on the site, reverse engineer or
break into the site, or use materials, products or services in violation of any
law. The use of this website is at the discretion of Marie Pugh and she may
terminate your use of this website at any
time.
(d)
Other Uses. All other use of Content from the Site, including, but not limited
to uploading, downloading, modification, publication, transmission,
participation in the transfer or sale of, copying, reproduction, republishing,
creation of derivative works from, distribution, performance, display,
incorporation into another web site, reproducing the Site (whether by linking,
framing or any other method), or in any other way exploiting any of the Content,
in whole or in part, is strictly prohibited without MomsDotComDream prior
express written consent.
3.
Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE
INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU
AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. MARIE PUGH DISCLAIMS
ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES,
STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY
RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE, MARIE PUGH DOES NOT WARRANT THAT USE OF THE SITE
WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. MOMSDOTCOMDREAM , ITS SUBSIDIARIES,
VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO
STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE'S SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE
DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. MARIE
PUGH SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES
UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN
CONNECTION WITH MARIE PUGH OR THE SITE, OR USE THEREOF, OR ANY OF THE
DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY
SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF
MARIE PUGH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR
LOSS.
(c) EARNINGS DISCLAIMERS. The information presented in this Website
is intended to be for your educational and entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before embarking on any endeavor, please use caution and seek the advice
your own personal professional advisors, such as your attorney and your
accountant.
Where income figures are mentioned (if any), those income figures are
anecdotal information passed on to us concerning the results achieved by the
individual sharing the information. We have performed no independent
verification of the statements made by those individuals. Please do not assume
that you will make those same income figures.
Please do not construe any statement in this website as a claim or
representation of average earnings. There are NO average earnings. Testimonials
and statements of individuals are not to be construed as claims or
representations of average earnings. We cannot, do not, and will not make any
claims as to earnings, average, or otherwise.
Success in any endeavor is based on many factors individual to you. We do
not know your educational background, your skills, your prior experience, or the
time you can and will devote to the endeavor.
Please perform your own due diligence before embarking on any course of
action. Follow the advice of your personal qualified advisors.
There are risks in any endeavor that are not suitable for everyone. If you
use capital, only "risk" capital should be used.
There is no guarantee that you will earn any money using any of the ideas
presented in our in materials. Examples in our materials are not to be
interpreted as a promise or guarantee of earnings. Many factors will be
important in determining your actual results and no guarantees are made that you
will achieve results similar to ours or anybody else’s. No guarantee is made
that you will achieve any result at all from the ideas in our material.
You agree that we will not share in your success, nor will we be
responsible for your failure or for your actions in any endeavor you may
undertake.
Please understand that past performance cannot be an indication of possible
future results.
Materials in our product and our website may contain information that
includes or is based upon forward-looking statements within the meaning of the
securities litigation reform act of 1995. Forward-looking statements give our
expectations or forecasts of future events. You can identify these statements by
the fact that they do not relate strictly to historical or current facts. They
use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,”
“plan,” “believe,” and other words and terms of similar meaning in connection
with a description of potential earnings or financial performance. Any and all
forward looking statements in our materials are intended to express our opinion
of earnings potential. They are opinions only and should not be relied upon as
fact.
4. Terms Relating to User Supplied Site
Content.
(a) Participate at Your Own Risk. You enter and participate in our forum,
bulletin board, chat room, or any other user interactive area of our site, and
gain access to the materials contained thereon at your own
risk.
(b)
No Monitoring. We do not monitor or screen communications on our forum, bulletin
board, chat room, or any other user interactive area of our site and we are not
responsible for any material that any of our forum, bulletin board, chat room,
or any other user interactive area of our site participant posts and we do not
assume the responsibility to do so. In the event that we are notified by any
party that any communications contained in our forum, bulletin board, chat room,
or any other user interactive area of our site is contrary to these terms, we
may, but are not obligated to, investigate the situation and determine in our
own discretion, whether to remove such communication from our forum, bulletin
board, chat room, or any other user interactive area of our site. We have
no liability or responsibility to investigate or remove any content from our
forum, bulletin board, chat room, or any other user interactive area of our site
based upon a complaint or otherwise.
(c) Your
Reliance at Your Risk. We do not make any representations or warranties as to
the truth or accuracy of any statement made or materials posted on or through
our forum, bulletin board, chat room, or any other user interactive area of our
site. You agree and acknowledge that you assume the risk of any actions
you take in reliance upon the information that may be contained in our forum,
bulletin board, chat room, or any other user interactive area of our
site.
(d)
No Endorsement. We do not endorse or lend any credence for any statements that
are made by any participant in our forum, bulletin board, chat room, or any
other user interactive area of our site. Any opinions or views expressed by our
forum, bulletin board, chat room, or any other user interactive area of our site
participants are their own. We do not endorse or support or otherwise give
any credence or reason for reliance on any such statements or
opinions.
(e) You are Responsible. You are fully
responsible for your own statements and materials that you post in our forum,
bulletin board, chat room, or any other user interactive area of our site and
any consequences, whether or not foreseen, to any party who may rely upon these
statements. You agree that you will not take any action directed towards
attempting to hold us responsible for any such materials or
statements.
(f) Removal of Material.
As a participant in our forum, bulletin board, chat room, or any other user
interactive area of our site, you agree that we may remove any materials from
our forum, bulletin board, chat room, or any other user interactive area of our
site for any reason, in our sole discretion, or for no reason at all. This
includes material which is disruptive, abusive, offensive, illegal, vulgar,
pornographic, or any other material. You hold us harmless from and against
any damage you or others may suffer as a result of our removal of any content
from our forum, bulletin board, chat room, or any other user interactive area of
our site or from the discontinuance of our forum, bulletin board, chat room, or
any other user interactive area of our site at any
time.
(g)
Right to Expel. We have the right to remove, expel, or disqualify any party from
participation and access to our forum, bulletin board, chat room, or any other
user interactive area of our site for any time and for any reason, or for no
reason whatsoever, in our sole and absolute discretion. This includes, but
is not limited to any violation of this agreement, disruptive behavior,
complaints from other parties, any allegedly illegal activity, or for any other
reason or for no reason at all.
(h) Right to Terminate. We reserve the right
to terminate our forum, bulletin board, chat room, or any other user interactive
area of our site at any time and all users hold us harmless from and against any
claims, damages, suits, threats, demands, liabilities, actions, causes of
action, or injuries that may result therefrom, including but not limited to any
consequential, incidental, and special damages of every nature and
type.
(i)
Prohibitions. You agree that you will not (1) use our forum, bulletin board,
chat room, or any other user interactive area of our site for any illegal
purpose, (2) place any material in our forum, bulletin board, chat room, or any
other user interactive area of our site that violates the copyrights,
trademarks, trade secrets, confidential information or other rights of any other
party, (3) place any material in our forum, bulletin board, chat room, or any
other user interactive area of our site that contains a false statement about
any person, infringes upon the privacy rights of any other person, or threatens,
harasses, abuses or embarrasses any other person, (4) place any obscene,
pornographic, sexually explicit or violent materials, graphics, photographs,
text or otherwise in our forum, bulletin board, chat room, or any other user
interactive area of our site, (5) place any advertising, attempted business
solicitation, marketing materials or sales promotional materials in our forum,
bulletin board, chat room, or any other user interactive area of our site, (6)
pretend to be another person that you are not, (7) place materials in our forum,
bulletin board, chat room, or any other user interactive area of our site that
are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold us
harmless from, and indemnify us against, any and all claims for damages from
third parties arising from your participation, use or conduct in our forum,
bulletin board, chat room, or any other user interactive area of our site.
5.
Miscellaneous.
(a) Prohibition Against Data Mining.
You are prohibited from data mining, scraping, crawling, email harvesting or
using any process or processes that send automated queries to the
MomsDotComDreamWeb site. You may not use the MomsDotComDream Web site to
compile a collection of listings, including a competing listing product or
service. You may not use the Site or any Materials for any unsolicited
commercial e-mail.
(b)
Intended Audience. This website is intended for adults only. This website
is not intended for any children under the age of 18.
(c) Compliance with Laws. You agree
to comply with all applicable laws regarding your use of the website. You
further agreed that information provided by you is truthful and accurate to the
best of your knowledge.
(d) Indemnification. You agree to
indemnify, defend and hold [name of website operator] and our partners,
employees, and affiliates, harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
(e) Privacy. Your visit to our site
is also governed by our Privacy Policy. Please review our Privacy Policy at
www.momsdotcomdream.com/Privacy.html.
Marie Pugh reserves the right, and you authorize us, to use and assign all
information regarding site uses by you and all information provided by you in
any manner consistent with our Privacy Policy.
(f) DMCA Notice. If you believe your work has
been copied in a way that constitutes copyright infringement, please provide a
notice containing all of the following information to our contact email:
mariep@momsdotcomdream.com
(1) An electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest;
(2) A description of the copyrighted
work that you claim has been infringed;
(3) A description of where the material
that you claim is infringing is located on the Site;
(4) Your address, telephone number, and
e-mail address;
(5) A statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
(6) A statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's
behalf.
(h) Arbitration. As
part of the consideration that Marie Pugh requires for viewing, using or
interacting with this website, you agree to the use of binding arbitration for
any claim, dispute, or controversy of any kind (whether in contract, tort or
otherwise) arising out of or relating to this website. Arbitration shall be
conducted pursuant to the rules of the American Arbitration Association which
are in effect on the date a dispute is submitted to the American Arbitration
Association. Information about the American Arbitration Association, its
rules, and its forms are available from the American Arbitration Association,
335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will
take place in the city or country of Marie Pugh. In no case shall you have the
right to go to court or have a jury trial. You will not have the right to
engage in pre-trial discovery except as provided in the rules; you will not have
the right to participate as a representative or member of any class of claimants
pertaining to any claim subject to arbitration; the arbitrator's decision will
be final and binding with limited rights of appeal. The prevailing party shall
be reimbursed by the other party for any and all costs associated with the
dispute arbitration, including attorney fees, collection fees, investigation
fees, and travel expenses.
(i) Severability. If any provision of
this Agreement shall be adjudged by any court of competent jurisdiction to be
unenforceable or invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise remain in full
force and effect.
(j) Termination. MomsDotComDream
may terminate this Agreement at any time, with or without notice, for any
reason.
(k) Contact Information.
HOW TO CONTACT US: