Policy Effective Date: November 1, 2017
The following Terms govern our relationship with you. We would love to avoid all of this legalese, but unfortunately, we cannot. Thus, these Terms form a legally binding contract between you and MomClone. Please read them carefully.
By using the Site, or any of our other products or services that link to these Terms (we refer to these collectively as the “Services”), you agree to the Terms. That said, if you do not agree with the Terms, then please do not use the Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND MOMCLONE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND MOMCLONE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Overview of Services
Our Services allow users, among other things:
- To create and send emails, SMS messages, and/or links for organizing group and/or personal activities;
- To create and send emails, SMS messages, and/or links for invitations;
- To receive emails, SMS messages, and/or links for organizing group and/or personal activities;
- To receive emails, SMS messages, and/or links for invitations; and
- To view, search, and read information on topics of interest to women, busy parents, and/or people who organize groups.
To use the Services to organize a group and/or personal activities, you (the “Organizer”) must subscribe to either a free trial or a paid subscription. In doing so, an account must be created in which you will be asked to provide personal information such as your name and email address, and then to create a password.
Those who receive emails, SMS messages, and/or links (the “Invitees”) regarding the group and/or personal activities or invitations, may elect to create an account or not. If they opt to create an account, they too will be asked to provide personal information such as their name and email address, and then to create a password. In addition, both Organizers and Invitees may provide additional personal information such as phone numbers, photos, and physical or mailing addresses.
You may purchase a subscription to our Services at any time. In doing so, you will need to supply personal information, including, but not limited to, your name, email address, billing address, credit card number, credit card expiration date, and credit card verification code.
Payment and Refund Terms
- You represent and warrant that: (i) you have the legal right to use any credit card(s) provided by you in connection with any purchase of any Subscription; (ii) the payment information you supply to us is true, accurate, and complete; and (iii) you authorize MomClone or its third party payment processor to charge the credit card(s) you specify for the payment amount. All payments must be made in United States dollars.
- If you fail to pay (for example due to an expired credit card), your account will be frozen and inaccessible until payment is made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Where required, MomClone will collect those taxes on behalf of the taxing authority and remit those taxes to the taxing authorities. For example, we will collect taxes from the residents of the City of Chicago due to the requirements of its Lease Tax.
- Refunds are processed according to our MomClone Refund Policy.
Cancellation, Deleting/Deactivation, and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by logging in to your account, clicking on your profile in the upper right of the screen, then clicking on the Account Settings link. You will see a simple “Cancel Subscription” link next to each of the tools to which you are subscribed.
- All of your content will be accessible from the Services until the end of your normal monthly billing date is reached. After that date, if you do not re-subscribe, your account data will be frozen and inaccessible until you re-subscribe to a given tool.
- We hope you remain a lifelong MomClone user, but if you fall out of love, you can terminate these Terms at any time and for any reason by deleting your account. Please visit our FAQs page for details on deleting your account.
- MomClone, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your Account or your access to your account, and the forfeiture and relinquishment of all content in your account. MomClone reserves the right to refuse service to anyone for any reason at any time.
- Regardless of who terminates these Terms, both you and MomClone continue to be bound by the Section entitle Modifications to the Service and Prices and Sections 4, 7, 10, and 13-21 of the Terms.
Modifications to the Service and Prices
- We’re dedicated to improving our Services and creating new ones on a continual basis. That means we may add or remove features, products, or functionalities, and we may also suspend or stop any part of the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
- Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or the Services themselves.
- MomClone shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
2. Who Can Use the Services
No one under 13 year of age is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be older than 13 years of age to use them. If you are between 13 and 18 years of age, you may use the Services, with our without registering, only with the approval of your parent or guardian. Please read all Terms carefully.
By using the Services, you state that:
- You can form a binding contract with MomClone.
- You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
3. Rights We Grant You – License
MomClone grants you a personal, limited, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. The foregoing license does not include any resale or commercial use of the Services or its contents; any derivative use of the Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
Use of the Services that constitutes abuse shall be determined by MomClone, in its sole discretion. MomClone reserves the right to terminate your account if MomClone determines you have not complied with these Terms.
4. Your Content
Our Services may allow you to link, store, share, distribute, post, and otherwise make available certain information, data, text, graphics, images, messages, files, videos, or other material (“User Content”). You are responsible for any and all User Content that you post on or through the Services, including its legality, reliability, accuracy, and appropriateness.
By posting User Content on or through the Services, you represent and warrant that: (i) you own such User Content and/or that you have the right to use it, and (ii) the posting of such User Content on or through the Services does not violate any intellectual property or proprietary rights of any person or entity, including any privacy rights, publicity rights, copyrights, or any other contract rights. We reserve the right to terminate the account of anyone found to be infringing a third party’s intellectual property or other proprietary right.
You retain any and all rights to any User Content you submit, post, or display on or through the Services. We take no responsibility and assume no liability for User Content that you or any third party posts on or through the Services, or that is posted publicly as a result of your use of the Services. The public availability of your User Content is determined by the settings you select in your account when using the Services. You are responsible for the ways in which your User Content is published via the Services. MomClone assumes no responsibility for how User Content is shared by anyone other than those in the employ of MomClone.
5. The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although MomClone reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.
Through these Terms, we make clear that we do not want the Services put to negative use. However, because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms.
7. Intellectual Property Rights
MomClone respects the rights of others. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
- Violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
- Bullies, harasses, or intimidates.
- Spams or solicits other MomClone users.
You must also respect MomClone’s rights. These Terms do not grant you any right to do any of the following (or enable anyone else to do so):
- Use branding, logos, designs, photographs, videos, or any other materials used in our Services.
- Copy, modify, frame, scrape, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the content of Services, in whole or in part, except that the foregoing does not apply to your own User Content, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
- Use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
The “MomClone” name and logo are trademarks and service marks of MomClone (collectively the “MomClone Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to MomClone. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MomClone Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of MomClone Trademarks will inure to our exclusive benefit.
8. Respecting Copyright
MomClone honors the requirements set forth in the Digital Millennium Copyright Act (DMCA). We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If MomClone becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power and sole discretion to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our designated agent:
Attn: Copyright Agent
1187 Coast Village Road, Suite 1-775
Santa Barbara, CA 93108
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). The notice must:
- Contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identify the copyrighted work claimed to have been infringed.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material.
- Provide your contact information, including your address, telephone number, and an email address.
- Provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- Provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We work hard to make our Services a safe place for all users, but we cannot guarantee it. By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
- You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another user’s account, username, or password without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms.
- We know you’re busy, but we also care about your safety while using our Services. Please do not use our Services in a way that would distract you from obeying traffic or safety laws.
10. Your Account
You are responsible for any activity that occurs in your MomClone account. As with any other online property, it is important that you keep your account secure. To that end, we encourage you to select a strong password that is not used for any other account.
By using the Services, you agree that:
- You will not share your password.
- You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please immediately reach out to MomClone Support.
11. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur by using our Services, including SMS (text-messaging) and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
Normal data rates may apply if you elect to receive notifications via SMS (text-messaging).
12. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. MomClone is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless MomClone, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of bugs and annoyances, but hard as we try, we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE MOMCLONE ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
MOMCLONE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH MOMCLONE WILL BE RESPONSIBLE FOR.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOMCLONE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF MOMCLONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MOMCLONE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID MOMCLONE, IF ANY, IN THE LAST 12 MONTHS.
16. Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND MOMCLONE TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
- Applicability of Arbitration Agreement. You and MomClone agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and MomClone are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
- Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
- Fees. If you choose to arbitrate with MomClone, you will not have to pay any fees to do so. That is because MomClone will reimburse you for your filing fee and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, MomClone will pay that forum’s fees as well.
- Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and MomClone. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and MomClone.
- Waiver of Jury Trial. YOU AND MOMCLONE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and MomClone are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and MomClone over whether to vacate or enforce an arbitration award, YOU AND MOMCLONE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 17.
- Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
- Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor MomClone can force the other to arbitrate. To opt out, you must notify MomClone in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, the email address you used to set up your MomClone account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: MomClone, LLC, ATTN: Arbitration Opt-out, 1187 Coast Village Road, Suite 1-775, Santa Barbara, CA 93108, or email the opt-out notice to email@example.com.
- Small Claims Court. Notwithstanding the foregoing, either you or MomClone, may bring an individual action in small claims court.
- Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with MomClone.
17. Exclusive Venue
To the extent that these Terms allow you or MomClone to initiate litigation in a court, both you and MomClone agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Santa Barbara. You and MomClone consent to the personal jurisdiction of both courts.
18. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
20. Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
21. Final Terms
- These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and MomClone, and supersede any prior agreements.
- These Terms do not create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
- You may not transfer any of your rights or obligations under these Terms without our consent.
Information or Complaints | Contact
MomClone welcomes comments, questions, concerns, or suggestions. Please send us feedback by visiting https://momclone.com/contact/.
MomClone is located in the United States of America at:
1187 Coast Village Road, Suite 1-775,
Santa Barbara, California 93108
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, send an email to firstname.lastname@example.org.
You may also contact us by writing at the aforementioned address:
Attention: Customer Support
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.