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TERMS OF USE

 

Last Modified: March 1, 2024

 

  1. Acceptance of the Terms of Use

 

These terms of use are entered into by and between You and Working Mom Notes LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of workingmomnotes.com including any content, functionality, and services offered on or through workingmomnotes.com (the "Website"), whether as a guest or a registered user, together with the Company's mobile, tablet and other smart device applications, and applicable program interfaces (collectively, "Application") and all associated services.  The Website, Application, and associated services are referred to collectively as the "Platform".

 

Please read the Terms of Use carefully before you start to use any Platform. By using any Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at workingmomnotes.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use any Platform.

 

The Platform is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions for childcare management.  By using the Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use any Platform.

 

  1. Changes to the Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter.

 

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access any Platform so you are aware of any changes, as they are binding on you.

 

  1. Scope of Services

 

The Company provides an online platform that enables registered users ("Parents") and registered nannies and babysitters ("Providers") to find and publish, available short-term and long-term nanny, babysitting. Or other related child care positions (the "Postings and Provider Services").  As the provider of the Platform, the Company does not own, create, provide, control, manage, or supply any Postings or Provider Services.  The Parents and Providers are alone responsible for their Postings and Provider Services. When Parents engage Providers, they are entering into an agreement directly with the Providers. The Company does not become a party or other participant in any contractual relationship between the Parents and the Providers.

 

The Company has no control over and does not guarantee the quality, performance, conduct, safety, suitability, truth, accuracy, or legality of any Postings or Provider Services. Parents are advised to always exercise due diligence and care when deciding whether to engage a Provider. Any images of a Provider are intended only to indicate a photographic representation of a Posting at the time the photograph was taken, and are therefore not an endorsement by Company of any Provider or Posting.

 

If a Parent or a Provider chooses to use the Platform, the Parent's or Provider's relationship with Company is that of an independent contractor and not an employee, agent, joint venturer, or partner of Company.  Each Parent and Provider acts on its own behalf and for its own benefit, and not on behalf, or for the benefit, of the Company. Company does not, and shall not be deemed to, direct or control a Parent or Provider generally or in its performance under these Terms of Use including, without limitation, the provision of Postings and Provider Services.

 

  1. Accessing the Platform and Account Security

 

We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

 

You are responsible for:

  • Making all arrangements necessary for you to have access to the Platform.

  • Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

 

The Postings database and other features of the Platform may be used only by Parents seeking child care and by Providers accepting placements for child care.  To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with the Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Parent's or Provider's identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Parents and Providers to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Parents and Providers, (ii) screen Parents and Providers against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Parent or Provider, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

  1. Intellectual Property Rights

 

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

 

You must not:

  • Modify copies of any materials from the Platform.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.

 

You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

  1. Trademarks

 

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

 

  1. Prohibited Uses

 

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for passwords or personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.

  • To delete or alter any material posted by another person or entity.

  • To use the Platform that falsely implies the Company's endorsement, partnership, or otherwise misleads others as to your affiliation with Company.

  • TO USE THE PLATFORM TO REQUEST, MAKE, OR ACCEPT AN ENGAGEMENT INDEPENDENT OF THE PLATFORM, TO CIRCUMVENT ANY SERVICE FEES, OR FOR ANY OTHER REASON.

 

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.

  • Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

  • Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Platform.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.

  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Platform.

 

  1. Postings and User Contributions

 

In addition to the Postings, the Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.

 

All Postings and User Contributions must comply with the Content Standards set out in these Terms of Use.

 

Any Posting or User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any Posting or User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

 

You represent and warrant that:

  • You own or control all rights in and to the Postings and User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

  • All of your Postings and User Contributions do and will comply with these Terms of Use.

 

You understand and acknowledge that you are responsible for any Postings and User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

 

We are not responsible or liable to any third party for the content or accuracy of any Postings or User Contributions posted by you or any other user of the Platform.

 

  1. Monitoring and Enforcement; Termination

 

We have the right to:

  • Remove or refuse to post any Postings or User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any Posting or User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such Posting or User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.

  • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

  1. Content Standards

 

These content standards apply to any and all Postings, User Contributions and use of Interactive Services. Postings and User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Postings and User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other legally protected class.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

  • Post or submit any incomplete, false, or inaccurate information or information which is not Your own.

 

  1. Fees

 

  1. Fees. Company will charge fees to Parents and Providers ("Fees") in consideration for the use of the Platform.  Company reserves the right to change the Fees at any time. Company will provide Provider and Parents or other users adequate notice of any Fee changes before they become effective. Such Fee changes will not affect any registrations made prior to the effective date of the Fee change. Fees are non-refundable.

 

  1. Taxes. All Fees and other amounts that may be payable by Provider under this Agreement are exclusive of taxes and similar assessments. Provider is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Provider hereunder, other than any taxes imposed on Company's income.

 

  1. Additional Terms for Parents and Providers

 

Parents and Providers are solely responsible for their Postings on the Platform.  Company is not to be considered an employer or agent with respect to your use of the Platform and Company shall not be responsible for any decisions, for any reason or no reason, made by any Parent or Provider requesting or accepting, respectively, available positions on the Platform.

 

When creating a Posting through the Platform you must (i) provide complete and accurate information about your requirements (such as child care management description, location, and calendar availability), (ii) disclose any deficiencies, restrictions, and requirements that apply (such as any vaccinations or minimum age) and (iii) provide any other pertinent information requested by Company. You are responsible for keeping your Postings (including calendar availability) up-to-date at all times.

 

You are solely responsible for requesting or setting a price (including any taxes, if applicable) for your Postings and Provider Services. Once a request from a Posting is accepted, neither Parent nor Provider may request a higher or lower price than in the Posting.

 

Any terms and conditions included in a Posting including, without limitation, in relation to cancellations, must not conflict with these Terms of Use.

 

You understand and acknowledge that if you cancel your account or your account is terminated, all your account information from the Platform will be marked as deleted in and may be deleted from the Company's databases.

 

In order to protect our Parents, Providers, and other users from commercial advertising or solicitation, the Company reserves the right to restrict the number of e-mails which a party may send or other users to a number which the Company deems appropriate in its sole discretion. You shall use the user profiles in accordance with all applicable privacy and data protection laws.  Company shall not be responsible for the content of any emails from any Parent and Provider to the other or to any other user.

 

You may provide photos and a URL link to the Company to post to your page on the Platform. 

 

When an engagement is accepted, each party is entering into an agreement with the other party and each party is required to act in accordance with the Postings and Provider Services to which they apply. 

 

You may not use the Platform:

  • for any purpose other than requesting and accepting nanny, babysitting, or other related child care services; or

  • to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to any individual or to contact any individual unless he or she has agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that he or she does not want to be contacted).

 

The Company reserves the right to remove any link, Posting or content from the Platform, which in the reasonable exercise of the Company's discretion, does not comply with the above or generally with these Terms of Use, or if any content is posted that the Company believes is not in the best interest of the Company.

 

  1. Photo Release

 

If you provide the Company with written permission and authorization to display or use the image or likeness of you or your child, then such permission and authorization shall apply in perpetuity throughout the world in any medium or format whatsoever now existing or later created on any platform (including but not limited to, in and on brochures and other print publications, electronic media, catalogues, press releases, websites, the internet, mobile applications, and other digital transmission or delivery methods) and for the following purposes: (1) advertising and marketing; (2) publicity; and (3) promotion of the Company and its business and services, without further consent from you.  You also agree that the Company will not owe you any compensation or royalties for this consent. 

 

Although the Company will endeavor to use your, and your child's, image or likeness in accordance with standards of good judgment, the Company cannot warrant or guarantee that any further dissemination of such image  likeness or other identifying information will be subject to the Company's supervision or control.  As a result, you waive and release the Company from all legal liability or legal responsibility that may arise from the acts that authorized or consented to by providing this release.  You also waive and release the Company from all claims based on libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), arising directly or indirectly from the Company's exercise of its rights under this release or use of your, or your child's, image or likeness.

 

  1. Copyright Infringement

 

If you believe that any Posting or User Contributions violates your copyright, please see our instructions below on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

 

  1. Reliance on Information Posted

 

The information presented on or through the Platform is made available solely for general information purposes related to nanny, babysitter, and other related child care positions. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

 

This Platform includes content provided by third parties, including without limitation materials provided by Parents and Providers. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

  1. Changes to the Platform

 

We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

 

  1. Information About You and Your Visits to the Platform

 

All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

  1. Linking to the Platform and Social Media Features

 

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

 

The Platform may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Platform.

  • Send emails or other communications with certain content, or links to certain content, on the Platform.

  • Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • Link to any part of the Platform other than the Website homepage.

  • Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of these Terms of Use.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice in our discretion.

 

All others may not link to our homepage without our prior written consent.

 

  1. Links from the Platform

 

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in postings, or any advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

  1. Geographic Restrictions

 

The owner of the Platform is based in the State of New Jersey in the United States. We provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

  1. Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

 

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

  1. Limitation on Liability

 

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

  1. Indemnification

 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your Posting or User Contributions, any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.

 

  1. Governing Law and Jurisdiction

 

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey, in each case located in the County of Middlesex, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

  1. Waiver and Severability

 

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

  1. Entire Agreement

 

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

 

  1. Your Comments and Concerns

 

The Platform is operated by Working Mom Notes LLC.

 

All notices of copyright infringement claims should be sent to the Company at hello@workingmomnotes.com

 

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: hello@workingmomnotes.com

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