Please read these Terms carefully before accessing and using the Platform.
BY USING THE PLATFORM MADE AVAILABLE BY LITTLE MOM BOOK, YOU AGREE TO BE BOUND BY THESE TERMS.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH LITTLE MOM BOOK ON AN INDIVIDUAL BASIS.
A. “Little Mom Book Content” means all content Little Mom Book makes available on or through the Platform, including any content licensed from a third party, but excluding User Content.
B. “Member” means a person, including Service Providers, who completes Little Mom Book’s account registration process or a person who submits or receives a request through Little Mom Book, nominates service providers, views profiles of and/or receive exclusive promotions from Service Providers.
C. “Platform” means all Little Mom Book websites, applications or software provided by or through Little Mom Book.
D.”Service Provider” means a Member who has established a vendor profile on Little Mom Book and promotes their business and/or service, which could include but is not limited to offering promotions or promoting services.
E. “User Content” means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Member or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, and payments made through the Platform, but excluding Little Mom Book Content.
F. All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
We may collect information from you during your use or access of the Platform, including when but not limited to:
- When you register as a Member;
- When you participate in polls or surveys;
- When you enroll for electronic newsletters;
- When you make a purchase;
- When you fill out any forms;
- When you enter a sweepstakes or contest, or register for a promotion; or
- When you transmit User Content.
We may collect information about you or others through affiliates or through non-affiliated third parties, such as social networking sites. This may include your name, profile picture, gender, networks, user IDs, list of friends, location, date of birth, email address, photos, videos, people you follow and/or who follow you, and/or your posts or “likes.” Non-Affiliated third parties have their own policies in place solely independent of Little Mom Book; Little Mom Book has no control over how any third-party collects, discloses and/or uses information about you. Please refer to the third party’s policies regarding the same.
To the extent permitted by law, Little Mom Book can collect information about you or others through non-affiliated third parties; this could include but is not limited to ratings from the Better Business Bureau or criminal records. At its sole discretion and in an effort to prove trustworthiness and reliability, Little Mom Book may combine information that we collect from you through the Platform with information that we obtain from such third parties and information derived from any other products or services we provide.
Little Mom Book, as permitted by applicable laws, can obtain reports based on publicly available information regarding Members, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Member’s account based on the results of such a check. As a Member, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports. Members understand that Little Mom Book in no way makes affirmations regarding Member’s background.
When you use the Platform, we may collect general location information (such as IP address).
From the information collected, Little Mom Book may use your information for any of the following reasons:
i. For the purposes for which you provided it;
ii. To enable you to use the services available through the Platform;
iii. For customer support and to respond to your inquiries;
iv. For internal record-keeping purposes;
v. To administer surveys, sweepstakes, promotions, or contests;
vi. To process billing and payment, including sharing with third-party payment gateways and payment service providers in connection with the Platform;
vii. To improve and maintain the Platform and for product development;
viii. To address fraud or safety concerns, or to investigate complaints or suspected fraud or wrongdoing;
ix. To periodically send promotional emails regarding new products;
x. With your consent, to contact you by text message regarding certain services or information you have requested;
xi. With your consent, to contact you by telephone or text message regarding Platform features, improvements, or other products and services that may interest you;
xii. For Little Mom Book’s market research purposes, including, but not limited to, the customization of the Platform according to your interests;
xiii. To contact you about goods and services that may interest you or with information about your use of the Platform;
xiv. For other research and analytical purposes; and
xv. To resolve disputes, to protect ourselves and other users of the Platform, and to enforce any legal terms that govern your use of the Platform.
Please be advised that some information you provide will be publicly accessible.
Unless otherwise described in this Policy, we may also share the information that we collect from you through the Platform as follows:
- Affiliates. We may share your information with any Little Mom Book affiliates.
- Service Providers. We may provide access to your information to select third parties who perform services on our behalf. These third parties provide a variety of services to us including without limitation billing, sales, marketing, advertising, market research, fulfillment, data storage, analysis and processing, identity verification, fraud and safety protection and legal services. As we retain new service providers, we generally seek contractual assurances from these service providers that they will not use your information in any manner other than to help us provide you with the services and products available from Little Mom Book.
- Legal Requirements. We may disclose your information when required by law or when we believe in good faith that such disclosure is necessary to: (a) comply with subpoenas, court orders, or other legal process we receive; (b) establish or exercise our legal rights including enforcing and administering agreements with users; or (c) defend Little Mom Book against legal claims. If we are required by law to disclose your information, we will use commercially reasonable efforts to notify you unless (a) we believe in our sole discretion that providing notice could create a risk of injury or death, or that harm or fraud could be directed to Little Mom Book or users; or (b) we are precluded from providing notice by law. We will attempt to provide the notice by email if you have given us an email address. If you do not challenge the disclosure request, we may be legally required to turn over your information.
- Business Transfers. As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions or where there is any change of control of Little Mom Book, user information may be among the transferred assets.
- Academics and Research. We may provide information about users to third parties for academic and research purposes, in anonymized or aggregated form.
- CONTENT POLICY
By posting content on Little Mom Book, you agree to abide by this Content Policy and other policies. In our sole discretion, we reserve the right to remove content, in whole or part, that violates these guidelines, or for any other reason. Please notify us if you believe any content on Little Mom Book violates this policy. Keep in mind that content on our site may be disagreeable to you without being in violation of this policy. Members can nominate Service Providers. Other Members may or may not agree with said nomination. A disagreement between Members regarding a Service Provider does not require Little Mom Book to change, edit or remove the Service Provider or the content set forth within the Service Provider’s profile. Little Mom Book does not have control over Service Providers’ individual websites, marketing or promotional materials and/or any other content not directly approved and/or placed on the Service Provider’s profile page within the Platform. The Platform may contain links to other websites or resources over which Little Mom Book does not have any control. Such links do not constitute an endorsement by Little Mom Book of those external websites. Members acknowledge that Little Mom Book is providing these links only as a convenience, and further agree that Little Mom Book is not responsible for the content of such external websites or the protection and privacy of information you provide while visiting such external websites.
Members are prohibited from including User Content that is misrepresentative; fraudulent; endorses or promotes illegal or harmful activity or violence, or is profane, vulgar, obscene, threatening, or discriminatory; violates another person’s or entity’s rights, including intellectual property rights and privacy rights; is proven to be used as extortion; directs customers to visit additional websites or forms to fill out duplicative information; advertises or solicits a business not related to or appropriate for the Little Mom Book platform.
- MEMBER REPRESENTATIONS AND WARRANTIES
Service Providers by using the Platform represent and warrant that they, including employees, agents, contractors, and subcontractors who may perform work for them, are lawfully and fully qualified and experienced, and, where applicable, licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their services and in relation to the specific job they are performing.
Service Providers understand that Little Mom Book is not required to promote, advertise, and/ or refer any service. Members understand that Little Mom Book is not required to perform any services and cannot force Service Providers to offer services. Members understand that Little Mom Book is not liable for any Service Provider’s financial obligation. Service Providers understand and agree that they are not Little Mom Book employees, joint venturers, partners, or agents. Little Mom Book does not control, and has no right to control, the services a Service Provider provides, including how the Service Provider performs such services, cost and/or scheduling.
Service Providers understand and agree that by creating and maintaining an account on the Platform, they receive only the ability to use the Little Mom Book Platform to access users interested in receiving services and related tools. Service Providers understand and agree that using the Platform does not guarantee that any Little Mom Book users will engage them for services. Service Providers understand that Little Mom Book is not required to promote, advertise, market or engage in any activity that would bring Members to Service Providers.
Members understand that Little Mom Book is an independent company and in no way is responsible and/or liable for any of the Members within the Platform.
Members understands that Little Mom Book is not responsible for any promise, offer or contractual obligation made by Service Providers on the Platform.
Members understand that it is within Little Mom Book’s sole discretion as to what is set forth on Platform. Although Members may collaborate with Little Mom Book regarding the content set forth on the website, Little Mom Book has ultimate decision making power regarding the same. Members understand that Little Mom Book may choose to engage in different marketing strategies or promotional tactics independent of other Members and that there is no guaranteed obligation and/or requirement from Little Mom Book regarding promoting, representing, endorsing, publishing recommendations of or for or featuring a Member. Little Mom Book, as permitted by applicable laws, can obtain reports based on publicly available information regarding Members, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Member’s account based on the results of such a check. As a Member, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports. Members understand that Little Mom Book in no way makes affirmations regarding Member’s background.
Little Mom Book may, in its sole discretion, permit Members to post, upload, publish, submit or transmit content contained on the Platform. By making available any content on or through the Platform, Members hereby grant to Little Mom Book a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote, market or advertise the Platform or services, or for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by Little Mom Book in public advertising. The license granted to Little Mom Book shall survive termination of the Platform or your Account. Little Mom Book does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by Member.
Members acknowledge and agree that they are solely responsible for all content that they make available on or through the Platform. Accordingly, Members represent and warrant that: (a) Members either are the sole and exclusive owner of all content that is made available on or through the Platform or Member has all rights, licenses, consents and releases that are necessary to grant to Little Mom Book the rights in such content, as contemplated under these Terms; and (b) neither the Content nor postings, uploads, publications, submissions or transmittals of the content or Little Mom Book’s use of your content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Members agree that Little Mom Book may proofread, summarize or otherwise edit and/or withdraw you content, and you understand it remains Member’s sole responsibility to monitor content and ensure that such edited content is accurate and consistent with Member’s representations and warranties in these Terms. Members acknowledge that the content in no way is misrepresentative.
We may send periodic promotional or informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your Account or any services you have requested or received from us.
Members are prohibited from using another member’s account. Members are prohibited from misrepresenting yourself or services offered through the Platform, misrepresenting your identity or qualifications, misrepresenting a project or other information in a quote request, or posting content in any inappropriate category or areas on the Platform.
Little Mom Book reserves the right, at any time and without prior notice, to remove or disable access to content that Little Mom Book, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
- REGISTRATION; ELIGIBILITY; SITE ACCESS
a) Eligibility Criteria. The availability of all or part of our Platform may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Little Mom Book or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use this Platform or become a Member.
b) Subscribing Organizations. If you are using or opening an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
c) Account Information. A user is not required to create an account to access the Platform. To access and participate in certain features of the Platform however, member registration is required. All members agree to provide accurate, current, and complete information during the registration process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete.
Account registration requires a password. You are solely responsible for safeguarding your Little Mom Book password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Little Mom Book immediately of any unauthorized use. Little Mom Book is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, Members may be liable for the losses of Little Mom Book or others due to such unauthorized use.
d) Site Access. We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Little Mom Book Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Little Mom Book support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken; and (c) when appropriate, you will not be entitled to any compensation for services if ever purchased through the Platform. You may cancel your use of the Platform and/or terminate your Account at any time. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform.
6. DISPUTES BETWEEN OR AMONG MEMBERS
Little Mom Book values our Members. Little Mom Book understands that at times, disputes between Members may arise. In such event, Little Mom Book encourages Members to resolve such disputes independently. In the rare event a dispute cannot be resolved independently, Members agree, at Little Mom Book’s request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Little Mom Book. Notwithstanding the foregoing, you acknowledge and agree that Little Mom Book is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party. Moreover, you agree that in no way is Little Mom Book liable for members’ actions, representations and/or contractual obligations.
- INTELLECTUAL PROPERTY RIGHTS
Little Mom Book Content is protected by trademark, and other laws of the United States. Except as expressly provided in these Terms, Little Mom Book and its licensors exclusively own all right, title, and interest in and to the Platform and Little Mom Book Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Little Mom Book used herein are trademarks or registered trademarks of Little Mom Book. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
Little Mom Book always values Member feedback. By providing feedback, Members warrant (a) that Little Mom Book has the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Little Mom Book and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Platform.
- NO ENDORSEMENT
Little Mom Book does not endorse any Member and Little Mom Book is not a party to any agreements between or among users, Members or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user’s or Member’s use of any part of the Platform. Neither Little Mom Book nor any Members or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Members are required by these Terms to provide accurate information, and although Little Mom Book may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific Little Mom Book services they are using or any involvement by Little Mom Book personnel in providing or scheduling those services.
Any designation assigned to a service provider is simply a description, not an endorsement, certification or guarantee by Little Mom Book and is not verification of their identity and whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Little Mom Book is not responsible for any damage or harm resulting from your interactions with other users.
Little Mom Book content may contain links to third-party websites, offers, or other events/activities not owned or controlled by Little Mom Book. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.
By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Little Mom Book with respect to such actions or omissions.
- SANCTIONS FOR VIOLATIONS OF THESE TERMS
Without limiting any other rights reserved herein, Little Mom Book may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Little Mom Book, including but not limited to removing User Content you posted, limiting your account access, assessing monetary penalties or costs, terminating your Account, decreasing your status or search rank, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
- ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THE FOLLOWING CAREFULLY:
a) Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Little Mom Book. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and Little Mom Book shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Arbitration Agreement, “Little Mom Book” means Little Mom Book and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Little Mom Book regarding any aspect of your relationship with Little Mom Book, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
b) Pre-Arbitration Dispute Resolution. Before initiating any Dispute, whether in court or arbitration, you must first give Little Mom Book an opportunity to resolve the Dispute by mailing written notification to Little Mom Book, Legal Department, 5324 East Baker Drive, Cave Creek, Arizona 85331. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Little Mom Book does not resolve the Dispute to your satisfaction within 60 days after it receives your written notification, you may pursue your Dispute in arbitration.
d) Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable federal law, including but not limited to the Federal Arbitration Act (“the FAA”), and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e) Location of Arbitration. Arbitration shall take place in Maricopa County, Arizona, but it may proceed by telephone if you so choose.
f) Payment of Arbitration Fees and Costs. Little Mom Book will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
g) Class Action Waiver. Any Disputes arising out of or relating to the Platform or any purchase you make on or through the Site, any information you provide via the Site, these Terms (including the formation, performance, or alleged breach), and your use of the Site shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) . Neither you, nor any other Member of Little Mom Book and/or user of Little Mom Book services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and Little Mom Book and is nonseverable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against Little Mom Book in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
h) Limitation of Procedural Rights. You understand and agree that, by entering into this Arbitration Agreement, you and Little Mom Book are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Little Mom Book might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). By using the Little Mom Book Site and products and services, you are entering into this Arbitration Agreement, and you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
i) Severability. If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction.
j) Continuation. This Arbitration Agreement shall survive the termination of your contract with Little Mom Book and your use of the Little Mom Book Site and services.
This Arbitration section shall survive any termination of your Account or the Platform.
- GOVERNING LAW
These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Arizona, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration Agreement.
Unless mutually agreed upon otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Little Mom Book must be resolved exclusively by a state or federal court located in the State of Arizona. You and Little Mom Book.com agree to submit to the personal jurisdiction of the courts located within the State of Arizona for the purpose of litigating all such claims or disputes.
MEMBERS USE OF THE PLATFORM, SERVICES, OR ANY CONTENT SET FORTH ON THE PLATFORM SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT LITTLE MOM BOOK DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER. THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LITTLE MOM BOOK AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM. LITTLE MOM BOOK MAKES NO WARRANTY THAT THE PLATFORM OR SERVICE PROVIDERS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LITTLE MOM BOOK ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. LITTLE MOM BOOK SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LITTLE MOM BOOK OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM. YOU UNDERSTAND THAT LITTLE MOM BOOK IS NOT UNDER ANY OBLIGATON TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY SERVICES. LITTLE MOM BOOK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES. LITTLE MOM BOOK EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
- LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM REMAINS WITH YOU. NEITHER LITTLE MOM BOOK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LITTLE MOM BOOK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES OR CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING OF SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF LITTLE MOM BOOK AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, SERVICES, AND/OR CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR CONTENT OR IN CONNECTION WITH ANY SERVICES OR INTERACTIONS WITH ANY OTHER MEMBERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO LITTLE MOM BOOK BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
- INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold Little Mom Book and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Services.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Little Mom Book and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Force Majeure: Other than payment obligations, neither Little Mom Book nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Contacting You and E-SIGN Consent: You agree that Little Mom Book may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, Little Mom Book or Members may also contact you by telephone or through text messages.
Entire Agreement: These Terms, together with any other legal notices or additional terms and conditions or policies published by Little Mom Book on the Platform, shall constitute the entire agreement between you and Little Mom Book concerning the Platform or services obtained through the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Little Mom Book’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions or need further information, please contact:
Little Mom Book, Inc.
5324 East Baker Drive
Cave Creek, Arizona 85331
Last Updated: March 1, 2017