MOMIVATE’S WEBSITE TERMS OF USE
Welcome to Momivate! We look forward to being able to work with you at this time. This website at www.momivate.org (“Site”) is owned and operated by Momivate (“Momivate”, “Owner”, “us”, “we”, or “our”). To help ensure good communication and an understanding of our services, we have provided you as a user of this Site (“you” or “your”) with the terms and conditions that govern our services, Site operations, and other events or activities (“Terms”). If you continue to use our Site or participate in events or activities listed on the Site, or you request any services from us, you consent to these Terms and agree that these Terms apply to govern our interactions.
Website and Services
At Momivate, we strive to support mothers in all areas and ways they may need support, encouragement, training, and help. We strive to continue to learn, progress, and improve, and we hope that our services continue to increase in quality as we gain experience over time.
Our Site exists for a number of reasons, including to help you have information, connect with us, find service locations or local meetings or events, connect you with other mothers, as well as to provide information to you that may be of interest or use to you. Our services include providing the Site, listing event information, providing revolving closets, hosting discussions, providing education and content, providing other relevant information, and facilitating donations.
Most who help in Momivate are volunteers and are not contractors or employees of Momivate. Each volunteer is independent and operates as their time, abilities, and resources permit to help Momivate or other mothers. Accordingly, Momivate cannot guaranty the services or actual quality of each volunteer. Accordingly, if you decide to be a part of any event, activity, revolving closet, or the like, you agree to independently review the volunteers to determine for yourself if the situation is appropriate for you and your family.
Donation Policy
Momivate accepts donations and is a 501(c)(3) organization. Momivate does not return or refund donations for any reason, and all donations are considered the property of Momivate, to be used in Momivate’s sole discretion for any purpose it deems appropriate or necessary. No donor can dictate how the funds donated have to be used, and all donors agree to not rely on any oral representations from agents of Momivate that funds will be used for any particular purpose.
Submittal of Information
We host a Wall of Honor and other recognition events, as well as provide awards, public announcements, or other ways to let others know about mothers we want to recognize. If you submit a mother or other individual to us for recognition, you represent and warrant that you have permission from them to share their information with us and that you have obtained permission that you can assign to us to publicly post or share their information. You agree to indemnify and hold us harmless from any claims made by a person that you provided information of to us.
If a person listed publicly requests that their information be taken down or removed, we fully reserve the right to do so without contacting you or asking you for permission to do so. You agree that we have full authority to decide what information to keep up and what information to take down from public or private locations.
Website and Services
At Momivate, we strive to support mothers in all areas and ways they may need support, encouragement, training, and help. We strive to continue to learn, progress, and improve, and we hope that our services continue to increase in quality as we gain experience over time.
Our Site exists for a number of reasons, including to help you have information, connect with us, find service locations or local meetings or events, connect you with other mothers, as well as to provide information to you that may be of interest or use to you. Our services include providing the Site, listing event information, providing revolving closets, hosting discussions, providing education and content, providing other relevant information, and facilitating donations.
Most who help in Momivate are volunteers and are not contractors or employees of Momivate. Each volunteer is independent and operates as their time, abilities, and resources permit to help Momivate or other mothers. Accordingly, Momivate cannot guaranty the services or actual quality of each volunteer. Accordingly, if you decide to be a part of any event, activity, revolving closet, or the like, you agree to independently review the volunteers to determine for yourself if the situation is appropriate for you and your family.
Donation Policy
Momivate accepts donations and is a 501(c)(3) organization. Momivate does not return or refund donations for any reason, and all donations are considered the property of Momivate, to be used in Momivate’s sole discretion for any purpose it deems appropriate or necessary. No donor can dictate how the funds donated have to be used, and all donors agree to not rely on any oral representations from agents of Momivate that funds will be used for any particular purpose.
Submittal of Information
We host a Wall of Honor and other recognition events, as well as provide awards, public announcements, or other ways to let others know about mothers we want to recognize. If you submit a mother or other individual to us for recognition, you represent and warrant that you have permission from them to share their information with us and that you have obtained permission that you can assign to us to publicly post or share their information. You agree to indemnify and hold us harmless from any claims made by a person that you provided information of to us.
If a person listed publicly requests that their information be taken down or removed, we fully reserve the right to do so without contacting you or asking you for permission to do so. You agree that we have full authority to decide what information to keep up and what information to take down from public or private locations.
Events and Assumption of Risk
You acknowledge that there may be risks associated with some events, courses, activities, or services listed on Momivate’s Site. Momivate helps to coordinate services, such as revolving closets, but Momivate does not control or manage many of these services or events, as such are managed or controlled by volunteers. You acknowledge and agree that you are assuming all responsibility for yourself and that you are not relying on Momivate or any volunteers to protect you from the associated risks with any information contained on the Site. You agree to indemnify and hold Momivate harmless for any risks, liabilities, damage, or other claims that arise as a result of your use of the Site or your participation in any events, including without limitation for any claims that arise as a result of attending a revolving closet.
Further, you agree to be responsible for your own children and their welfare and safety, and you agree to release and hold Momivate harmless for any and all claims or damages that may arise to you or your children unless such harm came intentionally by a person being paid by Momivate to represent Momivate for the particular service or event.
Many events are provided in conjunction with other providers or volunteers. We do not, and cannot, guaranty any particular results, lack of risks, or other items associated with such events or services. You undertake participation in any activity, event, service, or other offering at your own risk and you agree to be fully responsible for yourself and your children and to hold Momivate harmless from any liability associated with any claims or damages that may arise as a result of your participation in any item listed on this Site.
Affiliate Links
Momivate provides notice that the Site may contain links to other third-party websites or apps. Momivate does not warrant or guaranty the services or products provided in the links. Further, Momivate may receive affiliate compensation or part of the purchase price if you purchase the products or services listed or if you purchase other products or services after following the link. You agree that Momivate provides these links as a convenience only and that you release and hold Momivate harmless from any and all damages or claims associated with your use of the linked sites, purchase of products or services, or other interactions with the associated companies.
However, if you have had a problem with a linked site or a product or service from the site, please take the time to inform Momivate of your experience so that Momivate can review the links from time-to-time to decide if some companies or products should not be offered as a link on the Site.
No Provision of Licensed Advice or Services
Momivate may, from time-to-time, post articles, blogs, information, or other resources that may help a mother. Momivate is not licensed as a counselor, therapist, doctor, or other expert and is only providing information and opinions. You agree to not rely on any information on the Site as being medical or other professional or licensed advice. Any medical or psychological information found on this website should not be used in place of a consultation with a physician or health care provider. You should always seek the advice of a physician or other qualified health care provider prior to starting or stopping any treatment or with any questions you may have regarding a medical condition. Momivate is not responsible for injuries or damages that may be incurred as a result of stopping medical treatment or failure to obtain medical treatment. You are encouraged to seek the advice of a licensed mental health counselor or other health professional for yourself or for your child(ren) if you determine it is necessary.
You acknowledge that there may be risks associated with some events, courses, activities, or services listed on Momivate’s Site. Momivate helps to coordinate services, such as revolving closets, but Momivate does not control or manage many of these services or events, as such are managed or controlled by volunteers. You acknowledge and agree that you are assuming all responsibility for yourself and that you are not relying on Momivate or any volunteers to protect you from the associated risks with any information contained on the Site. You agree to indemnify and hold Momivate harmless for any risks, liabilities, damage, or other claims that arise as a result of your use of the Site or your participation in any events, including without limitation for any claims that arise as a result of attending a revolving closet.
Further, you agree to be responsible for your own children and their welfare and safety, and you agree to release and hold Momivate harmless for any and all claims or damages that may arise to you or your children unless such harm came intentionally by a person being paid by Momivate to represent Momivate for the particular service or event.
Many events are provided in conjunction with other providers or volunteers. We do not, and cannot, guaranty any particular results, lack of risks, or other items associated with such events or services. You undertake participation in any activity, event, service, or other offering at your own risk and you agree to be fully responsible for yourself and your children and to hold Momivate harmless from any liability associated with any claims or damages that may arise as a result of your participation in any item listed on this Site.
Affiliate Links
Momivate provides notice that the Site may contain links to other third-party websites or apps. Momivate does not warrant or guaranty the services or products provided in the links. Further, Momivate may receive affiliate compensation or part of the purchase price if you purchase the products or services listed or if you purchase other products or services after following the link. You agree that Momivate provides these links as a convenience only and that you release and hold Momivate harmless from any and all damages or claims associated with your use of the linked sites, purchase of products or services, or other interactions with the associated companies.
However, if you have had a problem with a linked site or a product or service from the site, please take the time to inform Momivate of your experience so that Momivate can review the links from time-to-time to decide if some companies or products should not be offered as a link on the Site.
No Provision of Licensed Advice or Services
Momivate may, from time-to-time, post articles, blogs, information, or other resources that may help a mother. Momivate is not licensed as a counselor, therapist, doctor, or other expert and is only providing information and opinions. You agree to not rely on any information on the Site as being medical or other professional or licensed advice. Any medical or psychological information found on this website should not be used in place of a consultation with a physician or health care provider. You should always seek the advice of a physician or other qualified health care provider prior to starting or stopping any treatment or with any questions you may have regarding a medical condition. Momivate is not responsible for injuries or damages that may be incurred as a result of stopping medical treatment or failure to obtain medical treatment. You are encouraged to seek the advice of a licensed mental health counselor or other health professional for yourself or for your child(ren) if you determine it is necessary.
No Warranty or Guaranty
THIS SITE IS PROVIDED BY MOMIVATE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOMIVATE MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU AGREE THAT ALL SERVICES ARE PROVIDED AS-IS, AND THAT YOU ARE NOT RELYING ON ANY GUARANTIES OR WARRANTIES ASSOCIATED WITH OUR SERVICES. MOMIVATE DOES NOT GUARANTY OR WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND MOMIVATE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MOMIVATE, ASSUME THE ENTIRE COST OF ALL DAMAGES (DIRECT, CONSEQUENTIAL, OR OTHERWISE) IN THE EVENT OF ANY LOSS ARISING FROM THE USE OF THIS SITE, THE SERVICES, OR CONTENT.
No Oral Agreements
Momivate’s website contains relevant information for its services, but such information is subject to change at any time and is not an offer to you. You agree that you will not rely on any oral statements or promises, including from volunteers, regarding information, offerings, or other services, and that the written documentation, including these Terms, form the full and complete extent of Momivate’s obligations to you. The written documentation expressly supersedes any oral or side agreements or expectations that are not set forth in these Terms or other documents signed between the applicable parties.
Restrictions on Use
All material included on Momivate’s website or other software services, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of Momivate, is proprietary information, and is protected by United States and international copyright laws. Modification or use of the Content except as expressly provided in these Terms violates Momivate’s intellectual property rights. Except as expressly noted below, nothing on the Site grants a license in or to any Momivate trademarks, copyrights, proprietary information, or other intellectual property rights, whether by implication, estoppel or otherwise.
The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Momivate, except that:
- You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution.
- You may link to the Site provided that the link does not falsely imply or suggest that Momivate has endorsed or is affiliated with the linked site.
- You can share information, articles, and stories on social media and the internet if the users are all directed to Momivate’s website where the information is originally located.
Users of the Site must not:
- Monitor, gather or copy any Content on the Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
- Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
- Engage in any activities through or in connection with the Site that seeks to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
- Attempt to circumvent the security systems of the Site.
- Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Momivate server.
- Attempt to use the Site for any purpose other than those intended by Momivate, as determined by Momivate in its sole discretion.
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- Engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site. You also agree that, in using this Site, you will not impersonate any person or entity.
- Upload or improperly use any information or intellectual property that belongs to another person or entity without their written consent.
The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if Momivate becomes aware that you are copying, modifying or distributing the Content from the Site other than for the permitted uses of the Site, Momivate reserves the right to revoke your right to these permitted uses. Momivate further reserves the right to update these Terms and revoke any of the permitted uses listed above.
Further, Momivate may remove any content or information from the Site, without notice to you (even if you provided or uploaded the information), if Momivate receives notice of a copyright or other intellectual property violation or if Momivate determines it necessary to do so, in its sole discretion. You agree that you have no ongoing right to have any content or information remain on the Site.
Limitation of Liability
Neither Momivate, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. You agree to release Momivate from any and all claims associated with your use of this Site or your use of Momivate’s services. In no event shall Momivate be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Momivate has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site or from Momivate. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of these Terms and the parties acknowledge that Momivate would not grant access to the Site or provide any services without your agreement to these Terms, including without limitation this specific term.
If a court determines that the above limitation of liability does not apply for any reason, you agree that the maximum extent of Momivate’s liability for any of its services, information, activities, or others items, including without limitation for those agreed to in contract or otherwise, is the amount Momivate actually agreed to pay or, if Momivate did not agree to any particular amount, then you agree that the maximum amount of liability for Momivate is $100 for items not limited by the waiver and release above.
DMCA Notice and Takedown
Per the Digital Millennium Copyright Act Section 512(c)(2), if you believe that any material on the Site infringes your copyright, you must send a notice of claimed infringement to Momivate’s Copyright Agent at the following address:
Momivate
c/o Copyright Agent
3232 W Meadowbrook Dr
West Valley City, UT 84119
Written Notice: To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication provided to Momivate and that it include each of the following elements:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Information to contact you, including your name, address, telephone number and, if available, your email address.
A description of each work claimed to have been infringed, including any relevant information about the infringing activity.
A description of the infringing activity or of the work that is claimed to be infringing and information about the location on the Site (or, if the infringing information is located on another website linked to through the Site, information about the location of the link or reference on the Site) where the alleged infringement is occurring that is reasonably sufficient to allow us to locate the infringing material.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement, under the penalty of perjury, that the information in the notice of claimed infringement is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Momivate does not permit copyright infringing activities and infringement of intellectual property rights on the Site and Momivate will remove the infringing content if properly notified of infringement. As stated above, Momivate reserves the right to remove any and all content and user submissions without prior notice.
Counter-Notice: If you believe that your submitted content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submission, you may send a counter-notice containing the following information to Momivate’s Copyright Agent:
A physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal court in Salt Lake County, Utah, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Momivate’s Copyright Agent, Momivate may provide the person who submitted the original DMCA Notice against the organization or individual accused of infringing on the copyrighted works a copy of the counter-notice informing that person that he or she may replace the removed content or that Momivate will cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Momivate’s sole discretion.
Neither Momivate, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. You agree to release Momivate from any and all claims associated with your use of this Site or your use of Momivate’s services. In no event shall Momivate be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Momivate has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site or from Momivate. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of these Terms and the parties acknowledge that Momivate would not grant access to the Site or provide any services without your agreement to these Terms, including without limitation this specific term.
If a court determines that the above limitation of liability does not apply for any reason, you agree that the maximum extent of Momivate’s liability for any of its services, information, activities, or others items, including without limitation for those agreed to in contract or otherwise, is the amount Momivate actually agreed to pay or, if Momivate did not agree to any particular amount, then you agree that the maximum amount of liability for Momivate is $100 for items not limited by the waiver and release above.
DMCA Notice and Takedown
Per the Digital Millennium Copyright Act Section 512(c)(2), if you believe that any material on the Site infringes your copyright, you must send a notice of claimed infringement to Momivate’s Copyright Agent at the following address:
Momivate
c/o Copyright Agent
3232 W Meadowbrook Dr
West Valley City, UT 84119
Written Notice: To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication provided to Momivate and that it include each of the following elements:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Information to contact you, including your name, address, telephone number and, if available, your email address.
A description of each work claimed to have been infringed, including any relevant information about the infringing activity.
A description of the infringing activity or of the work that is claimed to be infringing and information about the location on the Site (or, if the infringing information is located on another website linked to through the Site, information about the location of the link or reference on the Site) where the alleged infringement is occurring that is reasonably sufficient to allow us to locate the infringing material.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement, under the penalty of perjury, that the information in the notice of claimed infringement is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Momivate does not permit copyright infringing activities and infringement of intellectual property rights on the Site and Momivate will remove the infringing content if properly notified of infringement. As stated above, Momivate reserves the right to remove any and all content and user submissions without prior notice.
Counter-Notice: If you believe that your submitted content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submission, you may send a counter-notice containing the following information to Momivate’s Copyright Agent:
A physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal court in Salt Lake County, Utah, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Momivate’s Copyright Agent, Momivate may provide the person who submitted the original DMCA Notice against the organization or individual accused of infringing on the copyrighted works a copy of the counter-notice informing that person that he or she may replace the removed content or that Momivate will cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Momivate’s sole discretion.
Governing Law
You agree that your use of this Site, these Terms, the services and any disputes relating thereto shall be governed in all respects by the laws of Utah, without reference to conflict of laws principles. You agree to submit to personal jurisdiction in Utah for any disputes related to this Site, these Terms, or Momivate’s services. Any dispute relating to this Site, these Terms, or Momivate’s services shall be first submitted to mediation in Utah, and if mediation is unsuccessful or a party refuses to attend mediation within 30 days of receiving a written demand for mediation, then such dispute shall be resolved solely in the state or federal courts located in Salt Lake City, Utah. You waive any defenses to such forum or venue. Further, in the event that a breach of these Terms or other issues would threaten irreparable harm to a party, the party may file a case directly in court for relief without first being required to mediate such issue(s).
Updates to Terms
Momivate may from time-to-time update these Terms. Your continued use of any services or the Site will constitute your acceptance of the updated Terms. You waive any requirements that you be provided with notice of updates to the Terms.
Contact
If you have questions or comments about these Terms and Conditions, please contact us at:
Momivate
3232 W Meadowbrook Dr
West Valley City, UT 84119
admin@makingtracks.us
Last updated July 2, 2022.
You agree that your use of this Site, these Terms, the services and any disputes relating thereto shall be governed in all respects by the laws of Utah, without reference to conflict of laws principles. You agree to submit to personal jurisdiction in Utah for any disputes related to this Site, these Terms, or Momivate’s services. Any dispute relating to this Site, these Terms, or Momivate’s services shall be first submitted to mediation in Utah, and if mediation is unsuccessful or a party refuses to attend mediation within 30 days of receiving a written demand for mediation, then such dispute shall be resolved solely in the state or federal courts located in Salt Lake City, Utah. You waive any defenses to such forum or venue. Further, in the event that a breach of these Terms or other issues would threaten irreparable harm to a party, the party may file a case directly in court for relief without first being required to mediate such issue(s).
Updates to Terms
Momivate may from time-to-time update these Terms. Your continued use of any services or the Site will constitute your acceptance of the updated Terms. You waive any requirements that you be provided with notice of updates to the Terms.
Contact
If you have questions or comments about these Terms and Conditions, please contact us at:
Momivate
3232 W Meadowbrook Dr
West Valley City, UT 84119
admin@makingtracks.us
Last updated July 2, 2022.