TERMS OF USE

Momjunction.com is an online community that connects networks of member. Momjunction.com is operated by Experimark, LLC. By using the Momjunction.com web site (the “Website”) and registering as a member (a “Member”) of the Momjunction.com service (the “Service”), you agree to accept these Terms of Use (the “Agreement”). This Agreement only permits you to use the Website and the Service for your personal, non-commercial activities. If you are a commercial entity that would like information about how you can conduct business on Momjunction.com, please contact us at businesses@momjunction.com for information about how to become a commercial partner to Momjunction.com.

1. Eligibility. By using the Website and/or the Service, you represent and warrant that all registration information you submit is truthful and accurate. You agree to maintain the accuracy of such information. You further represent and warrant that you are eighteen (18) years of age or older and that your use of the Momjunction.com Website and/or Service shall not violate any applicable law or regulation. You may not authorize others to use your account. You are solely responsible for all Content (as defined below) published or displayed through use of your account, and for all interactions with other Members conducted through your account. The Website and Service are for the personal use of Members and may not be used in connection with any commercial endeavors, except for those allowed through the trading post feature of the Service.

2. Term. This Agreement shall remain in full force and effect for as long as you use the Website and/or Service. You may terminate your membership at any time, for any reason by contacting support@momjunctioncorp.com. Likewise, Momjunction.com may terminate your membership at any time, for any reason, effective upon sending notice to you at the email address you have provided in your registration information. Even after your membership is terminated, Section 3 (“Proprietary Rights in Momjunction.com Materials”), Section 4 (“Content Posted by Members”), Section 7 (“Privacy”), Section 8 (“Third Party Links”), Section 9 (“Trading Post Feature”), Section 10 (“Disclaimers”), Section 11 (“Limitation on Liability”), Section 12 (“Disputes”), Section 13 (“Indemnity”), and Section 14 (“Other”) of this Agreement shall remain in effect.

3. Proprietary Rights in Momjunction.com Materials. Momjunction.com and/or its licensors own and retain all proprietary rights in the Website and the Service. The Website contains copyrighted material, including, without limitation, software, text, graphics and other files, all of which are and remain the exclusive property of Momjunction.com and/or its licensors. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary material. The trademarks, service marks, trade names, and logos (collectively, the "Trademarks") used and displayed on the Website and/or the Service are registered and unregistered trademarks of Momjunction.com, and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not authorized by Momjunction.com, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Momjunction.com.

4. Content Posted by Members. (a) You are solely responsible for the content, messages, journal entries, calendar entries, trading post information, photos and/or profiles (collectively, the “Content”) that you publish or display (hereinafter, "post") through the Website and/or Service.

(b) By providing Content through or to Momjunction.com, the Website, or the Service, you hereby grant, and you represent and warrant that you have the right to grant, to Momjunction.com an irrevocable, perpetual, non-exclusive, fully paid, fully transferable, worldwide license to use, copy, publicly perform, display and distribute such Content.

(c) Momjunction.com may review and reject, refuse to post, or remove any Content that, in the sole judgment of Momjunction.com, violates this Agreement, is offensive or illegal, harms or threatens the safety of any Member, violates the rights of any Member, or is otherwise, in Momjunction.com’s sole judgment, inappropriate for Momjunction.com’s community. Examples of Content subject to removal include any Content that:

1. is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
4. promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
5. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
6. displays pornographic or sexually explicit material of any kind;
7. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
9. involves commercial activities and/or sales, except for commercial activities and/or sales conducted through the trading post feature of the Service.

5. Restrictions on Use. (a) You must use the Website and Service in a manner consistent with any and all applicable laws and regulations.

(b) You may not frame the Website within another web site without Momjunction.com’s prior written permission.

(c) Any access or attempt to access areas of the Momjunction.com computer systems or information contained on such systems, other than the Website and Service, for any purpose is strictly prohibited. You may not use any robot, spider, other automatic device, or manual process to monitor, "mine," or copy the web pages on the Website or the content contained therein. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or Service. You may not take any action that imposes an unreasonable or disproportionately large load on Momjunction.com’s infrastructure.

(d) Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, business, inanimate object, fictional character, or real individual who is not you.

(e) You may not use any information obtained from the Website or Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without such Member’s prior explicit consent.

(f) You must choose a password when registering for the Service. Your password is for your exclusive use only. Please maintain the confidentiality of your password. Please notify Momjunction.com immediately at support@momjunctioncorp.com if your password has been lost or stolen, if you believe the confidentiality of your password has been compromised in any way, or if you learn of any unauthorized use of your password. You may not use anyone else's password at any time.

(g) You may not attempt to impersonate another Member or a person who is not a Member.

(h) You may not sell or otherwise transfer your profile.

6. Copyright. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or Service in a way that constitutes copyright infringement, please contact Momjunction.com’s copyright agent at copyrightagent@momjunction.com, or at Copyright Agent, MomJunction.com, c/o Lowenstein Sandler PC, 65 Livingston Avenue Roseland, NJ, 07068-1791. Provide the following information: (i) a description of the copyrighted work that you claim has been infringed; (ii) a descriptMattion of where the material that you claim is infringing is located on the Website or Service; (iii) your address, telephone number, and email address; (iv) your physical or electronic signature; (v) a written statement by you that you have a good faith belief that the use in question is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Momjunction.com will remove the infringing material, subject to the procedures outlined in the Digital Millenium Copyright Act.

7. Privacy. Please refer to this page for Momjunction.com’s Privacy Policy with respect to Momjunction.com’s treatment of the information that you provide to Momjunction.com through the Website and/or Service. The Privacy Policy is hereby incorporated into and made a part of this Agreement.

8. Third Party Links. The Website may contain links to third party web sites. Any such links are provided for your convenience only. If you use these links, you will leave the Website. Momjunction.com makes no effort to review the content of these sites, nor is Momjunction.com responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites. Your use of any such third party web sites is at your own risk. Momjunction.com specifically disclaims any liability for any claim, damage, loss or expense which you may incur, directly or indirectly, as a result of your use of or reliance on any such third party web site.

9. Trading Post Feature. Your interactions with other Members through your use of the trading post feature of the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other Member. Momjunction.com specifically disclaims any and all liability from any claim, damage, loss or expense which you may incur as the result of any such dealings. If there is a dispute between Members of the Service, or between Members and any third party, Momjunction.com is under no obligation to become involved.

10. Disclaimers. YOUR USE OF THE WEBSITE AND SERVICE AND ALL MATERIALS (INCLUDING CONTENT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE WEBSITE AND SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOMJUNCTION.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE WEBSITE AND SERVICE AND ALL INFORMATION AND OTHER MATERIALS (INCLUDING CONTENT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE AND/OR THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR TRADE USAGE. MOMJUNCTION.COM MAKES NO WARRANTY THAT (i) THE WEBSITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT CONTAINED ON THE WEBSITE AND/OR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE WEBSITE OR SERVICE WILL BE CORRECTED, OR (v) THE WEBSITE OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation on Liability. (a) IN NO EVENT SHALL MOMJUNCTION.COM BE LIABLE FOR (i) ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING, EITHER DIRECTLY OR INDIRECTLY, FROM USE OF THE WEBSITE OR THE SERVICE OR FROM ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE; (ii) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY MEMBER COMMUNICATION, (iii) ANY CONTENT PROVIDED BY OTHER MEMBERS, OR (iv) ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. IN NO EVENT SHALL MOMJUNCTION.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE, EVEN IF MOMJUNCTION.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOMJUNCTION.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MOMJUNCTION.COM FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.

12. Disputes. Any and all disputes about or involving the Website and/or the Service shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions, and you agree to the exclusive jurisdiction of the state and federal courts located in the State of New Jersey and waive any jurisdictional, venue or inconvenient forum objections to the exclusive jurisdiction of such courts.

13. Indemnity. You agree to indemnify, defend and hold harmless Momjunction.com, its subsidiaries and affiliates, and their respective officers, agents, and other partners and employees, from and against any and all losses and liabilities (including reasonable attorneys’ fees) incurred as a result of or in connection with any claim or demand made by any third party due to or arising out of any Content you post through the Website or Service, your use of the Website or Service in violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.

14. Other. Momjunction.com may modify this Agreement from time to time. Momjunction.com will post any changes to this Agreement on the Website for you to review and accept upon logging into your account. This Agreement is personal to you and you may not assign it to anyone. The failure of Momjunction.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between you and Momjunction.com regarding the use of the Website and/or the Service and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Momjunction.com with respect to the Website and/or Service. BY CLICKING ON THE “I AGREE” BUTTON BELOW, YOU INDICATE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO ANY PROVISION OF THIS AGREEMENT, YOU MAY NOT USE THE WEBSITE OR SERVICE.