End User Licensing Agreement

Privacy Policy  

 

Please read the following terms of use carefully before using the Website. By using this site, you signify that you agree to these terms of use. If you do not agree to these terms, please do not use this site. 

 

Privacy and Security 

 

MomSub.com values its customers, and all technically feasible steps are taken to protect their privacy. This notice summarizes MomSub.com policies and practices regarding the treatment of nonpublic personal information that we acquire about our customers and how we use such information obtained from potential, current and former customers. Additional terms and conditions, if any, regarding the collection and use of your information may also be provided to you before you sign up for a particular service. 

 

What Information is Collected 

 

In general, when you visit the Website and access information, you remain anonymous. Personal information from visitors to the Website is collected on a voluntary basis only and an explanation is provided as to its use at the time it is requested. This collected information is used to respond to online queries, supply requested information on MomSub.com products and services, enable online sales, deliver reservationed products, establish approved links, and for internal market analysis. MomSub.com collects certain information from and about its users in three ways – directly from the user, from our server logs, and with cookies. 

 

User-Supplied Information 

 

When you sign up for one of our services (such as our e-mail news list) we may ask you for your name, e-mail address, and some other personal information. The more accurate information you volunteer, the better we are able to customize your website experience. This information can be received in any manner, including but not limited to in-person discussions, telephone conversations, electronic correspondence, or other written communications. 

 

Server Log Information 

 

Additionally, when you visit any website, including this one, you disclose certain information about yourself, such as your Internet Protocol (IP) address, the time of your visit, and the referring location (e.g., the site or page that offered a link to our page). MomSub.com, like many other sites, records this basic information about visits to its site. This information helps us identify which areas of our site are of interest to our visitors. We review the IP addresses of our visitors for the purposes of system administration, to improve the content of our pages, and to verify web traffic to our site. 

 

Protection of Personal Information 

 

We do not disclose any nonpublic personal information about you to anyone without your consent except as allowed or required by law. Please note, however, that the law allows us to share your financial information with others to market products or services to you. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. 

 

This site uses a secure server (SSL) to encrypt all of your personal information. To prevent unauthorized access, we maintain physical, electronic, and procedural safeguards to protect your nonpublic personal information from disclosure other than as permitted by this Privacy Policy. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections, including the use of password protection. 

 

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, despite our efforts to protect your personal information, MomSub.com cannot ensure or warrant the security of any information you transmit to us, or to or from our online products or services. However, once we receive your transmission, we make our best effort to ensure its security on our systems. 

 

We will continue to adhere to the policies and practices described in this Privacy Policy with respect to information that we have acquired about you even if we no longer provide services to you. 

 

Links to Other Sites 

 

We may provide links from our site to other websites. We take steps to link only to sites that share our high standards and respect for privacy. Please note, however, that we are not responsible for the privacy standards and practices of third parties. Thus, we cannot guarantee your security or privacy when you visit any such site. MomSub.com always strives to keep only visitor information secure against unauthorized access and use. Please notify the webmaster of this site if you discover any broken or erroneous links. 

 

How to Correct Inaccuracies 

 

If you purchase one of our products or services, we may send you a confirmation e-mail confirming your new purchase, account information and/or service. The message will be sent to the address that you supplied us and will describe ways for you to change or delete the information provided. Remember to keep the confirmation e-mail as it will also contain information that will help you in case you run into problems accessing our services. 

 

Suspension of Services or Access 

 

We reserve the right to choose not to deal with any person, for any reason or without a reason. Without limiting that right, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or immediately or later terminate your right to access our site and refuse to provide our services to you (a) if we are unable to verify or authenticate any information you provide to us, or (b) we believe that your actions may cause legal liability for you, our other customers, distributors, parts sellers, if any, providing listings on this site, or us. 

 

Amendments to Our Privacy Policy 

 

We may, from time to time, amend our Privacy Policy. If we do, then we will post such amendments to this document so that you may always have access to our most recent policy. We reserve the right, at our discretion, to change, modify, add or remove portions of our Privacy Policy at any time. If, at any point, we decide to disclose personal information in a manner different from that stated at the time it was collected, we will notify users by e-mail. You will be given the choice at that time to "opt out" of any disclosures of your personal information that you made available to us prior to the change in our policy. 

 

Contact Us 

 

MomSub.com is committed to delivering a quality customer experience. We are constantly reviewing your feedback to improve and enhance your MomSub.com experience. If you would like MomSub.com to adopt additional security measures (to apply specifically to your account) in reservation to further safeguard from disclosure your nonpublic personal information, or if you have any questions about this policy, or just would like to tell us what you think of our site, please contact us at dianej-momsub@usa.net.



 

Terms & Conditions

 

Welcome to our website located at www.MomSub.com (the "Website"). The Website is owned and operated by MomSub LLC ("MomSub"), a technology company that provides services connecting moms to other moms for purposes of play dates, hang-outs, events, carpools and childcare, with its primary place of business at 2 Plaza Drive, #5706, Woodridge, Illinois 60517. The goal of the Website is to provide access to our catalog of products and services for moms in a safe environment, where moms can trust other moms. We have the right to verify identity to ensure all users are women and mothers. These "Terms of Use" are provided to ensure a safe, pleasant environment for all users of the Website. You must be eighteen (18) years of age or older and a woman who is a mother to a child by birth, by adoption or by legal guardianship to use our services. 

 

As used herein, any reference to "you", "customer", "visitor", or "user" refers to any person, entity, computer, or device which accesses the Website or places an reservation for any product or service from MomSub. Any references to "we", "our", or "company" refers to MomSub LLC, its agents, employees, subsidiaries, affiliates, and other related entities. 

 

BY ACCESSING THIS WEBSITE, YOU UNDERSTAND AND EXPRESSLY ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY NOTICE, AND AGREE TO FOLLOW THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE WEBSITE. 

 

These Terms of Use shall supersede any subsequent terms and conditions included in any purchase reservation, whether or not such subsequent terms and conditions are signed by MomSub or any of its employees or agents. We reserve the right to alter, amend, or change these Terms of Use at any time, which shall be effective immediately upon the posting on the Website. 

 

Any violation of these Terms of Use may result in the immediate termination of your use of the Website and/or any other appropriate legal action against you under any applicable law or regulation. 

 

Copyrights and Trademarks 

 

The Website is the sole and exclusive property of MomSub LLC. 

 

"MomSub", and any and all logos, trade dress, custom graphics, icons, and other service and/or trade marks (collectively, the "Trademarks") are the sole and exclusive property of MomSub, and are protected by United States and international trademark laws. The use of any of the Trademark without the express written permission of MomSub is strictly prohibited, and any unpermitted use may result in legal action on the part of MomSub. 

 

Unless otherwise specified, all creative materials contained anywhere on the Website, including all text, designs, graphics, logos, icons, images, or any other material, including, without limitation, the selection and arrangement thereof, are the sole and exclusive property of MomSub, and is protected by United States and international copyright laws. 

 

You may view, print, download, or otherwise copy any page of the Website only for your own limited personal use. Except as otherwise expressly provided in these Terms of Use, you may not copy, distribute, reproduce, republish, modify, license, post, transmit, e-mail, download, upload, or otherwise disseminate in any way any information or content from the Website in whole or in part without the prior written permission of MomSub. Any and all links to this site must direct to the top-level www.MomSub.com, and any and all deep-linking to any interior pages of the web site without the prior written consent of MomSub is strictly prohibited. 

 

Representations by You 

 

By using the Website, you represent, warrant, and agree that (i) you are at least eighteen (18) years of age; (ii) a resident of the United State; (iii) that all materials of any kind submitted by you through the Sites or for inclusion on the Sites will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, publicity, or other personal or proprietary rights, nor contain inappropriate, illegal, offensive, harassing, or other unacceptable material; and (iv) that you shall use the Website only in strict accordance with these Terms of Use and only for lawful purposes, and shall not use the Website to send any unsolicited advertising, promotional materials, or other forms of solicitation to other users. 

 

Accounts 

 

During the registration process you may be asked to select a unique password for access to certain portions of the Sites. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Website, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of MomSub, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify us at dianej-momsub@usa.net of any potential unauthorized use(s) of your account, or breach of security. 

 

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that MomSub in its sole discretion deems offensive. 

 

Accuracy of Information and Operation of the Website 

 

While we strive to maintain the accuracy and timeliness of all information included in the Website, we do not warrant and cannot guarantee the accuracy or completeness of any of the information, text, graphics, links, and other items herein. 

 

In the event a service or event is listed with incorrect information due to typographical error or error in information received from our suppliers we shall have the right to cancel. The availability of services, events, products and other items on the Website may change at any time, without notice, and MomSub reserves the right to cancel any items which are no longer available. We shall have the right to refuse or cancel any reservations as set forth herein whether or not the reservation has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your reservation is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. 

 

THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. MomSub FURTHER DISCLAIMS ANY REPRESENTATION ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION OF FITNESS FOR A PARTICULAR PURPOSE. 

 

MomSub makes no warranties or guarantees whatsoever that the Website shall experience 100% uptime or shall be at all times available for your access. Website downtime is most often caused by server/site upgrades or unexpected server crashes. MomSub shall take reasonable efforts to announce any planned downtime on the homepage of the Website. However, unexpected server crashes are inevitable, and problems resulting thereof may persist for extended periods of time. If you experience a continuing problem with the Website, please contact us at dianej-momsub@usa.net.

 

MomSub WILL HAVE NO RESPONSIBILITY WHATSOEVER OR WILL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER CLAIM BASED ON ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, SITE CONTENT, OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEBSITE OR ANY WEBSITE OPERATED BY A THIRD PARTY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

 

Reservation Acceptance Policy 

 

MomSub accepts reservations and processes payments for accepted reservations at the time you place the reservation. We reserve the right, at any time after acceptance of your reservation, to accept or decline your reservation for any reason, including, but not limited to, any suspected illegal or tortious conduct. In the case of any cancellation, we will promptly refund any and all payments received by you for the reservation in accordance with our Cancellation, Returns and Refunds policy (below). We may require additional verifications or information before continuing any reservation. At the time a reservation is placed, you and MomSub shall agree on: (i) the date and time of the start of the service, (ii) the type of service, and (iii) the date and time for the end of the service. 

 

Sales Taxes 

 

We shall automatically charge and withhold applicable sales taxes for reservations of products to be delivered to addresses within Illinois, and any other state which may require the collection of such sales tax from us. Each customer shall be solely responsible for all sales taxes, or other taxes, on reservations shipped to any other state. 

 

Cancellation, Returns, and Refunds 

 

Once payment is made there are NO REFUNDS except as follows: You may cancel any reservation at any time before you have been charged or payment processed. To the extent reasonably possible, MomSub shall comply with a request for cancellation, but shall reserve the right to charge a reasonable inconvenience fee. 

 

Directory Services 

 

MomSub provides marketplace services on the Website.

 

MomSub may, at any time, and without prior notice to you, remove any directory listing for any reason whatsoever. There are NO REFUNDS for any listing fees submitted to MomSub for listing on the Directory. 

 

MomSub does not endorse the services of any company listed on our Directory, and cannot guarantee, represent, or warrant any services or products which may be offered by thereof. MomSub cannot guarantee, represent, or warrant the accuracy of any information contained in any Listing on the Directory. By using the Directory, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of the Website to obtain Directory listings. However, if you have a problem with any  Directory Listing, please notify us at dianej-momsub@usa.net

 

Links, Search Results, and Advertisements 

 

The Website may link to other sites operated by third parties. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may adversely affect your computer. By using the Website to search for or link to another third party site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of the Website to obtain search results and/or to link to a third party site. However, if you have a problem with a link from the Website, please notify us at dianej-momsub@usa.net. The Website may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Website are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor. 

 

Content Provided by You 

 

Except as specifically authorized and permitted by MomSub, you shall not upload, post, host, push, or otherwise transfer by any means any content or materials whatsoever to the Website. 

 

To the extent that MomSub shall specifically authorize the uploading of any content by you, you shall only upload such content in strict compliance with these Terms of Use, and shall not attempt to upload or otherwise transfer to MomSub or the Website any material or content which: (i) exceed any stated file size limitations, (ii) are of a file type or form other than that specifically authorized by MomSub, (iii) violate any state, federal, or local law, ordinance, rule, or regulation, (iv) contain any virus, Trojan horse, adware, malware, or any other file type which may cause harm to MomSub or any of its users' computers, servers, or other systems, and/or (iv) which is subject to any third party copyright, trademark, or other intellectual property rights. 

 

Compliance with Laws 

 

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and your purchase of products or services through the Website. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use or our Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms of Use or our Privacy Policy could be subject to criminal or civil penalties. 

 

DMCA Policy If you are notifying MomSub of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512: 

 

1. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works; 

 

2. A description of the allegedly infringing material and information sufficient to permit us to locate the material;

 

3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address; 

 

4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and 

 

5. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed. 

 

Designated Agent for Notification of Claimed Copyright Infringement 

 

NAME: Diane Moca

ADDRESS: 2 Plaza Drive, #5706, Woodridge, IL 60517

EMAIL: dianej-momsub@usa.net

PHONE: 312-780-1468


 

Applicable Law 

 

You agree that any legal action brought against us shall be governed by the laws of the State of Illinois, without regard to conflict of law or choice of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or reservations made on the Website shall be an appropriate federal or state court located in DuPage County, Illinois. We make no representations that the content in the Website is appropriate for access outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced. 

 

Indemnity 

 

By using the Website, you agree to indemnify, defend, and hold harmless MomSub, its subsidiaries, affiliates, officers, agents and other partners and employees, from any loss, liability, claim, demand, costs and/or expenses, including, without limitation reasonable legal fees and expenses, made by any third party alleging, arising, related to, due to or resulting from your use of the Website, including providing a link to another site. 

 

Severability 

 

If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 

 

Limitation of Liability 

 

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, MomSub, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS OR SERVICES SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, MomSub  EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF TITLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MomSub OR ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, OR OTHER RELATED ENTITIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THESE TERMS OF USE. 

 

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.