Web Statement of Purpose
MotheringDotCommunity User Agreement
Weekly Deal Terms and Conditions
Weekly Deal Terms of Sale
Mothering.com is the website of natural family living and advocates natural solutions to parenting challenges. We host discussion of nighttime parenting, loving discipline, gentle weaning, natural birth, homebirth, successful breastfeeding, alternative and complementary home remedies, informed consent and many other topics from a natural point of view. We are not interested, however, in hosting discussions that advocate crying it out, harsh sleep training, physical punishment, formula feeding, elective cesarean section, routine infant medical circumcision, or mandatory vaccinations as a parenting philosophy. We do not tolerate any type of discrimination in the discussions, including but not limited to racism, heterosexism, classism, sizeism, religious bigotry, or discrimination toward the disabled. We will not host discussions that involve explicit sexual references and are cautious about discussions on volatile topics such as abortion, religion and race. We do not host abortion debate.
Our Community serves an online community of parents, families, and parent, child and family advocates considering, learning, practicing, and advocating attachment parenting and natural family living. Our discussions concern the real world of mothering and are first and foremost, for support, information, and community. Mothering invites you to read and participate in the discussions. In doing so we ask that you agree to respect and uphold the integrity of this community. Through your direct or indirect participation here you agree to make a personal effort to maintain a comfortable and respectful atmosphere for our guests and members. Please avoid negative characterizations and generalizations about others to respect the diversity of our online community.
Registration to this forum is free! We do insist that you abide by the rules and policies detailed below. Your continued use of this site following the effective date of such changes to these Terms will mean you accept those changes.
Although the administrators and moderators of MotheringDotCommunity will attempt to keep all objectionable messages, reviews, and Wiki articles off this forum, it is impossible for us to review all site content. All contents expresses the views of the author, and neither the owners of MotheringDotCommunity, nor Huddler.com will be held responsible for the content of any message, review, Wiki article, or other item on the site.
By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws.
The owners of Mothering reserve the right to remove, edit, move or close any thread, Wiki article, review area, etc. for any reason.
Collection of Personally Identifiable Information
MotheringDotCommunity generally collects personally identifiable information with your specific knowledge and consent. When you register on MotheringDotCommunity, we collect your email address, username, password. These are required for users to store and modify bookmarks and other content on the site. We will also collect your bookmarks and associated content, messages, IP address, and information from browser data and cookies.
Your User ID, bookmarks, lists and associated content and any postings you make to the forums and wikis are displayed throughout the Site. Therefore this data is available to the public and will be identifiable to your User ID.
This information may sometimes be collected by third party service providers with whom Huddler or MotheringDotCommunity contracts to host the web site or to fulfill requests for services; in that event, Huddler or MotheringDotCommunity asks such service providers to make the personal information available only to MotheringDotCommunity for MotheringDotCommunity to use in accordance with the terms of this policy and not to use the information for any other purpose. Huddler or MotheringDotCommunity uses this information to allow you to enjoy the functionality of the site, to troubleshoot and to provide customer support. In addition, MotheringDotCommunity may use your bookmarks to improve our marketing and promotional efforts by providing targeted advertising based on the content of your Product Profile.
We do not sell or rent any of your personal information to third parties for their marketing purposes. If you send an email using the service to an email address that is not registered in our community, we do not use that email address for any purpose other than to send your email. We do not rent or sell these email addresses, nor do we send them marketing messages. Other users may send emails and in-system messages to you via the MotheringDotCommunity service. MotheringDotCommunity does not review these messages before they are sent to you. If you are receiving inappropriate private messages or any form of spam, contact a MotheringDotCommunity administrator and swift action will be taken on the offending user's account. On an aggregate, non-personally identifiable level we may also use this data to analyze site usage, customize the site's content, layout, and services, and for disclosure to advertisers and other third parties for their marketing and promotional purposes and to demonstrate to them the value of our own site. However, we do not sell or rent any of your personally identifying data to third parties for marketing purposes.
When you register for the first time on MotheringDotCommunity, you will be automatically opted in to receive email notices, which may include notification if someone sends you a message, MotheringDotCommunity newsletters and announcements, and notification of new activity on your subscriptions.
- we utilize third party service providers to provide products, services or functions on our behalf (such as sending emails or processing credit cards or fulfilling subscriptions), and ask these service providers to agree to maintain the confidentiality of your personally identifiable information and not to use your personally identifiable information for any reason except to carry out the purpose(s) for which we hired them;
- you have entered a contest or sweepstakes sponsored by a third party, in which case the information may be shared with that third party for their use in their discretion, including direct marketing. (Some of our contests and sweeps will ask you at the time of entry whether you would like your personal information to be shared with the sponsor. Other contests will not give you that option and in that event, if you do not want your information to be shared, you should not enter the contest);
- you have furnished us personal information with the intent that it be forwarded to a third party for use in connection with a specified service you are electing to participate in (examples include, without limitation, e-commerce partners, services to help old friends locate you online, etc.);
- we need to protect our legal rights
- we must comply with applicable laws, regulations, or legal or regulatory process;
- we have reason to believe that someone may be causing injury to or interference with our rights or the rights of our users, or general public, or using our services in violation of a legal or personal right
If you would like to opt-out of Non Personally Identifiable Information (PII) cookie tracking, please visit the NAI opt-out page here: http://www.networkadvertising.org/choices/
Your Internet Protocol ("IP") address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university. Our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on the sites, the Web site you visit after our site; the ads you see; the ads you click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Web Site or a referral site; and other Web usage activity and data logged by our Web servers. We may use your IP address to help diagnose problems with our servers, gather broad demographic information, and administer our website. We may also link this information with your personal information when we feel that it is necessary to enforce compliance with our rules and policies or terms of service or to protect our Sites, customers or others.
We use a third-party advertising company to serve ads when you visit our website and sites upon which we advertise. This technology uses information about your visits to this website and the sites upon which we advertise, to serve our ads to you. In the course of serving our advertisements to you, a unique third-party cookie may be placed or recognized on your browser. In addition, we may use Web beacons, provided by our third-party advertising company, to help manage our online advertising. These Web beacons enable our third-party ad serving company to recognize a browser's cookie when a browser visits this site and to learn which banner ads bring users to our website.
Kids and Parents
The sites covered by this policy are not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas.
If your children disclose information about themselves in our public discussion areas, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. There are also commercially available tools to help you limits your children's exposure to material online.
All User Generated Content within MotheringDotCommunity
If you elect to post material to any wikis, forums, reviews or other content generation mediums that may be offered on our sites, or if you elect to upload any photographs, audio or video, you will be solely responsible for all content, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Postings"). You agree and warrant that any Postings you post to the sites will be true and accurate, will not defame any person or invade any person's privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights. By furnishing Postings, you give Huddler or MotheringDotCommunity the right to use such Postings in any manner and in any media now known or hereafter invented, including, without limitation, the right to combine your Postings with Postings of third parties in varied combinations. You also acknowledge that visitors to the sites may post comments about your Postings which may be derogatory, and that Huddler or MotheringDotCommunity has no obligation to monitor or delete any such postings. Please be aware that Huddler or MotheringDotCommunity does not and cannot monitor all of the Postings made to the sites, and therefore Huddler or MotheringDotCommunity will not be responsible for the content of any Postings. However, Huddler or MotheringDotCommunity does reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the site. If Huddler or MotheringDotCommunity elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will Huddler or MotheringDotCommunity be liable for any inaccuracy or defect in any Postings. We also expect our users to adhere to certain rules of etiquette. Therefore, you agree not to post, email, or otherwise make available Postings:
- that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harmful to minors in any way;
- that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that include personal or identifying information about another person without that person's explicit consent.
- that are false, deceptive, misleading, deceitful, misinformative, constitute "bait and switch" or impersonation of any person or entity;
- contain your own or a third party's advertising, branding or promotional content;
- that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available;
- restrict or inhibit any other user from using and enjoying the Huddler or MotheringDotCommunity sites or the Huddler or MotheringDotCommunity services offered on them.
Because Huddler or MotheringDotCommunity does not monitor the Postings, you agree to use and rely on them at your own risk. Huddler or MotheringDotCommunity cannot make any representation or warranty about the material contained in the Postings. Huddler or MotheringDotCommunity likewise assumes no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will Huddler or MotheringDotCommunity be liable for any activity or injury that may occur.
Commercial Use Policy
Any commercial or promotional distribution, publishing or exploitation of the sites, or any content, code, data or materials on the sites is strictly prohibited; unless you have requested and received permission MotheringDotCommunity. This applies to all forums, Wiki articles and reviews. As a general rule, these posts and links are NOT permitted, regardless of how the post or link is framed (including but not limited to direct advertisements, adverquestions, or introtisements). This policy applies to ‘free’ offers and promotional activities, as well as direct commercial overtures or transactional links.
Restrictions on Use
You agree that you will not:
- use the Site to personally attack, threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site;
- use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- use the Site for promotional or commercial purposes, except as expressly permitted by Huddler or MotheringDotCommunity;
- use the Site in a manner that may create a conflict of interest, such as trading reviews or writing or soliciting shill reviews;
- use the Site for keyword spamming or to otherwise attempt to manipulate search results;
- use the Site to promote bigotry or discrimination;
- use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- use the Site to transmit or post pornography or illegal content;
- use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
- use the Site in violation of the Terms of Service or any applicable law;
- register for multiple accounts on the Site;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Huddler or MotheringDotCommunity;
- reverse engineer any portion of the Site, except as may be permitted under the law;
- remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
- record, process, or mine information about other users;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
- access, retrieve or index the Site to construct or populate a searchable database of business reviews;
- reformat or frame any portion of the Site;
- attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
California and Canadian Users
California and Canadian residents have the right to know how their information may be shared with third parties who engage in direct marketing activities and this policy explains our practices and how you can opt out of having your information shared for such purposes. We do not make any personally identifying information available to third parties for marketing purposes. If you enter a contest or sweepstakes sponsored by a third party, information may be shared with that third party for their use in their discretion, including direct marketing (Some of our contests and sweeps will ask you at the time of entry whether you would like your personal information to be shared with the sponsor. Other contests will not give you that option and in that event, if you do not want your information to be shared, you should not enter the contest.)
If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using this web site, you consent to this transfer. You also consent to the adjudication of any disputes arising in connection with this website in the federal and state courts of, and in accordance with the laws of, the state of California.
Content posted on the MotheringDotCommunity by us is owned by us or used with permission. You may not copy, use, or retransmit anything from or for our site without our permission. Any commercial or promotional distribution, publishing or exploitation of the sites, or any content, code, data or materials on the sites is strictly prohibited. You may not offer goods for sale or use the MotheringDotCommunity site and service for any commercial service without our prior consent.
The third-party images and text referenced, made accessible or made available to you on these pages or by means of MotheringDotCommunity service are protected by the copyright and trademark laws of the United States and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. It is your responsibility to obtain any authorizations to use an image or text that may be required; MotheringDotCommunity cannot give you such authorization. We cannot guarantee that the MotheringDotCommunity Service will not locate unintended or objectionable content and Huddler or MotheringDotCommunity accepts no responsibility or liability for the content of any images or text included in any MotheringDotCommunity list or otherwise linked to by the Huddler or MotheringDotCommunity services, or for your use of such content. Huddler or MotheringDotCommunity reserves the right to remove any pictures or content without notice to you, any other user, or any third party.
You are not allowed to post or distribute any material you do not own or which you do not have permission to use. You are also prohibited from engaging in any conduct that interferes with the technological operation of the sites or that tampers with any copyright protection mechanisms applicable to content on any sites. The technology and the software underlying our sites and the Services is the property of Huddler or MotheringDotCommunity, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
Ignoring this policy may result in copyright, trademark, or other intellectual property rights violations.
Mothering/MotheringDotCommunity is committed to protecting the intellectual property of third parties. To report a copyright infringement by a Mothering/MotheringDotCommunity user, please contact the Mothering DMCA designated agent:
Mothering Magazine, Inc.
Agent Name: Shirl Ervin
Address: PO Box 1609 Santa Fe, NM 87505
We will make every effort to review your request as quickly as we can. So long as everything appears to be in order, we will promptly remove or disable access to the content. We will also notify the user and, if requested, provide the details of your request to the user. We will ban repeat infringers when appropriate.
The registration information you provide must be true, accurate, current, and complete. You must promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
Huddler or MotheringDotCommunity is not responsible for the conduct, whether online or offline, of any user of the sites. Huddler or MotheringDotCommunity takes reasonable steps to protect the security and integrity of all personal information you provide to the sites; however, due to the inherent nature of the Internet, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. Huddler or MotheringDotCommunity assumes no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user Posting. Huddler or MotheringDotCommunity is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the sites or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation in any activities on the sites or downloading materials. We make no warranties the services will be timely, secure, uninterrupted, or error-free. You understand that if you download any material, you do so at your sole risk. Under no circumstances shall Huddler or MotheringDotCommunity be responsible for any loss or damage, including personal injury or death, resulting from use of the sites, any content posted on or through the sites, or conduct of any users of the sites, whether online or offline. We cannot guarantee that the Huddler or MotheringDotCommunity Service will not locate unintended or objectionable content and Huddler or MotheringDotCommunity accepts no responsibility or liability for the content of any site included in any Huddler or MotheringDotCommunity list or otherwise linked to by the Huddler or MotheringDotCommunity services, or for your use of such content. We can, whenever we want, edit or delete any content displayed on the sites. You use the sites at your own risk. Everything you see on our sites is provided to you "as is." The sites are provided "AS-IS" and as available and Huddler or MotheringDotCommunity expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Huddler or MotheringDotCommunity cannot guarantee and does not promise any specific results from use of the sites.
Limitation on Liability
IN NO EVENT SHALL HUDDLER OR MotheringDotCommunity BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HUDDLER OR MotheringDotCommunity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN.
You agree to indemnify and hold Huddler or MotheringDotCommunity, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss or liability arising out of your use of the sites or from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the sites in violation of these terms of service and/or any breach of your representations, warranties and obligations set forth above and/or if any content that you post in Postings on the sites or through the sites causes Huddler or MotheringDotCommunity to be liable to another.
The Site provides an interactive online service operated by Mothering.com. on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through Mothering.com, affiliates of Mothering.com or merchants (“Merchants”) offering vouchers for sale (“Vouchers”) which may be exchanged for goods/services at Merchants and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Mothering.com, and Mothering.com shall not be responsible for any data lost while transmitting information on the Internet. While it is Mothering.com’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Mothering.com, access to the Site may be interrupted, suspended or terminated from time to time.
Mothering.com shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Mothering.com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
2. Modified Terms.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Mothering.com shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.
4. End User Conduct.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of Mothering.com, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is the exclusive property of Mothering.com. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF MOTHERING.COM. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Mothering.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Mothering.com or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with Mothering.com shall not be deemed to be in the public domain but rather the exclusive property of Mothering.com, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Mothering.com unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Mothering.com does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted Mothering.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants Mothering.com the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Mothering.com, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright Policy.
Mothering.com reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Mothering.com by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide Mothering.com with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Mothering.com’s Copyright Agent for notice of claims of copyright infringement is as follows:
Mothering Magazine, Inc.
Agent Name: Shirl Ervin
Address: PO Box 1609 Santa Fe, NM 87505
7. Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER MOTHERING.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOTHERING.COM HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability.
IN NO EVENT SHALL MOTHERING.COM, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL MOTHERING.COM’S LIABILITY IN CONNECTION WITH A MOTHERING.COM EXCEED THE AMOUNTS PAID FOR SUCH MOTHERING.COM, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
Mothering.com shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Mothering.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Mothering.com shall have the right, but not the obligation, to remove any material that Mothering.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
11. License Grant.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to Mothering.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless Mothering.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.
End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases Mothering.com from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Mothering.com may terminate this Agreement at any time. Without limiting the foregoing, Mothering.com shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Mothering.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.”
Mothering.com is a trademark of Mothering.com. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Mothering.com are the property of their respective owners.
15. Third-Party Content.
Mothering.com, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Mothering.com has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Mothering.com.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Mothering.com. Mothering.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Mothering.com by anyone other than authorized Mothering.com employee spokespersons while acting in official capacities. Under no circumstances will Mothering.com be liable for any loss or damage caused by an end user’s reliance on information obtained through Mothering.com. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Mothering.com.
Mothering.com contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Mothering.com of the contents on such third-party sites, and Mothering.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Mothering.com expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. Mothering.com reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Mothering.com established by Mothering.com, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Mothering.com arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and Mothering.com; (3) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or Mothering.com’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Mothering.com will pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Mothering.com shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org
For Florida residents purchasing Vouchers where the Merchant is a healthcare provider: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment. In most states, businesses not exclusively owned by physicians are prohibited from practicing medicine.
Mothering.com is located at 580 Market Street, Suite 400, San Francisco, CA 94104. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software
The Voucher you purchase through Mothering.com is redeemable for goods or services by the Merchant. The Merchant, not Mothering.com, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. Mothering.com sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
1. Terms and Conditions for Restaurant-Specific Vouchers.
For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Vouchers.
- Redemption frequency is determined by Restaurants, and shall be contained in the Voucher offer on the Site.
- Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law
- Vouchers cannot be combined with any other restaurant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant.
- Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
- Valid for dine in only unless otherwise stated.
- The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.
- Neither Mothering.com nor the Restaurant is responsible for lost or stolen Vouchers or restaurant Voucher reference numbers.
- Reproduction, sale or trade of a Restaurant-Specific Voucher is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Voucher void.
- Void to the extent prohibited by law.
- If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash from the Restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
- All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. For example, for customers purchasing Vouchers for Restaurants in Ohio, the redemption of the Voucher may be subject to the limitations imposed by the Ohio Revised Code Title  XLIII, Section 4301.01, which imposes a limitation of redeeming Vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Merchant. Mothering.com’s sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Mothering.com has no role in such determination or action on the part of the Merchant.
2. Terms and Conditions for Non-Restaurant Merchant Vouchers
- Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
- Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.
- The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
- Neither Mothering.com nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number.
- Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
- Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
- Void to the extent prohibited by law.
- If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant if required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
3. Additional Terms and Conditions for All Mothering.com Vouchers.
All Vouchers shall be subject to the terms and conditions of Mothering.com and the participating Restaurant or Merchant. The Merchant or Restaurant are the sellers of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release Mothering.com and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the Mothering.com, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the greater of: (1) the Voucher’s expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire. In the event that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact Mothering.com [and explain your situation in writing] and Mothering.com will refund the purchase price of the Voucher in either U.S. Dollars or credit for purchases of future Vouchers from Mothering.com.
Your Personal Information may be processed and stored in other countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country. Your Personal Information will not, however, be used or disclosed for purposes for which you have not given consent or which are not permitted under applicable law.
Children under the age of 13 are not permitted to use Mothering.com and we do not intentionally collect or maintain Personal Information from those who are under 13 years old. Protecting the privacy of children is very important to us. Thus, if we obtain actual knowledge that a user is under 13, we will take steps to remove that user's Personal Information permanently from our databases. We recommend that children between the ages of 13 and 18 obtain their parent’s permission before submitting information over the internet. By using Mothering.com, you are representing that you are at least 18 years old, or that you are at least 13 years old and have a parent’s or guardian’s permission to use Mothering.com.
Collection of Information
Personal Information That You Provide
In general, we collect Personal Information that you submit to us voluntarily through Mothering.com. We also collect information that you submit in the process of creating or editing your account and user profile on Mothering.com. For example, our registration and login process requires you to provide us with your name, valid email address and password of your choice. When you personalize your profile and use the features of Mothering.com, we will collect any information you voluntarily provide, and we may also request optional information to support your use of Mothering.com, such as your year of birth, gender and other demographic information. We collect information in the form of the content that you submit during your use of Mothering.com, such as photos, reviews, ratings and other information you choose to submit. We may also collect information about you and your friends who use Mothering.com, from any social network you may have connected from, in order to provide you with a more personalized experience. For instance, we may collect your user ID or profile information that you have permitted to be displayed through Mothering.com in order to display you as a friend or in association with your profile and collections. When you purchase a Deal, you will need to submit your credit card or other payment information so that our service providers can process your payment for the Deal. When you sign up for, or win, any contests, sweepstakes, or other activities that we make available on Mothering.com, we will collect the information designated along with such activity, which may include your contact information such as your address and phone number. If you choose to sign up to receive information about products or services that may be of interest to you, we will collect your email address and other related information. Additionally, we collect any information that you voluntarily enter, including Personal Information, into any postings, comments, or forums within the Mothering.com community.
Personal Information From Other Sources
We may receive Personal Information about you from other sources with which you have registered, companies who we have partnered with (collectively, "Partners") or other third parties. We may associate this information with the other Personal Information we have collected about you.
E-Mail And E-Mail Addresses
If you send an e-mail to us, or fill out our "Feedback" form through Mothering.com, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use and display your full name and email address when you send an email notification to a friend through Mothering.com or the social network from which you have connected to Mothering.com (such as in an invitation, or when sharing your content). Additionally, we use your email address to contact you on behalf of your friends (such as when someone sends you a personal message) or notifications from a social network or other website with whom you have registered to receive such notifications. We may use this e-mail address to contact you, for things such as notifications of limited edition shop sales and other related information. You may indicate your preference to stop receiving further promotional communications as further detailed below.
Information Collected Via Technology
We engage in remarketing to market our sites across the web. When a user visits our site, a cookie is dropped on the user. Users with this cookie may be targeted across advertising networks to receive relevant advertisements. You may opt out of this ad serving using the Network Advertising Initiative (NAI) opt-out page (http://www.networkadvertising.org/managing/opt_out.asp
An "Internet protocol address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. For example, we, or our service providers, may track your IP Address when you access Mothering.com to assist with ad targeting.
"Cookies" are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience with Mothering.com. Persistent Cookies can be removed by following your Internet browser help file directions. In order to use our services offered through Mothering.com, your web browser must accept Cookies. If you choose to disable Cookies, some aspects of Mothering.com may not work properly, and you may not be able to receive our services.
Use and Disclosure of Information
In general, Personal Information you submit to us is used by us to provide you access to Mothering.com, to improve Mothering.com, to better tailor the features, performance, and support of Mothering.com and to offer you additional information, opportunities, promotions and functionality from us, our partners or our advertisers at your request. Additionally, we do share your content preferences and other information with the social network with which you have connected to Mothering.com, along with those companies and persons you have asked us to share your information with.
We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend our rights or property, you, or third parties. You hereby consent to us sharing your Personal Information under the circumstances described herein.
The Ability Of Others To View Your Information
Helping you to protect your information is a vital part of our mission. It is up to you to make sure you are comfortable with the information you choose to provide us and the information you choose to publish. You understand that when you use Mothering.com, certain information you post or provide through Mothering.com, such as your name, profile, comments, collections and reviews, may be shared with other users and posted on publicly available portions of Mothering.com, including without limitation, social media applications and other public fora in which you choose to participate. Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through Mothering.com, this information may become publicly available and may be collected and used by others, including people outside the Mothering.com community. We will not have any obligations with respect to any information that you post to parts of Mothering.com available to others, and recommend that you use caution when giving out personal information to others through social media networks or otherwise.
Third Party Sites And Advertising
Your Choices Regarding Your Personal Information
We offer you choices regarding the collection, use, and sharing of your Personal Information. You have a right at any time to stop us from contacting you for marketing purposes. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us directly at firstname.lastname@example.org.
You have the right to request a copy of the Personal Information that we hold about you. If you would like a copy of some or all of your Personal Information, please contact us at email@example.com. We may charge a reasonable fee for this service. We want to make sure that your information is accurate and up-to-date. You may ask us to correct or remove information which you think is inaccurate. You may change any of your profile information by editing it in the profile settings page.
We are committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. Even though we have taken significant steps to protect your Personal Information, no company, including us, can fully eliminate security risks associated with Personal Information.
Contact And Revisions