User Agreement

TERMS OF USE

 

Effective Date:  August 20, 2018

Please take a moment to carefully read through these Terms of Use. 

At MommaStrong, we expect that our customer service team, which can be contacted at [email protected], will be able to resolve any issues you may have as you take part in our services. In the unlikely event that an issue between us remains unresolved, please note that THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU.

PLEASE ALSO NOTE THAT THESE TERMS INCLUDE EXPRESS PROVISIONS REGARDING CONSENT, ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNIFICATION WHICH YOU AGREE TO WHEN ACCEPTING THESE TERMS OF SERVICE.

 

  1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS

MommaStrong, Inc. ("MommaStrong," "we," or "us") provides an online video subscription service which gives users the opportunity to select from various program offerings, including workouts, informational videos, clips, and other content (collectively, the "Content"). Our video service, the Content, and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by MommaStrong through a variety of Access Points (defined below) are referred to collectively as the "Services." The term "Access Points" refers to, collectively, the Mommastrong.com website (the "MommaStrong Site"), applications, and other places where any Services are available, including websites and applications of Mommastrong’s third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise link to Mommastrong access points.

 

Use of the Services (including access to the Content) is subject to compliance with these Terms which incorporate by reference our Privacy Policy available at mommastrong.com/privacy ("Privacy Policy") and any end user license agreement that might accompany the applicable Service. Therefore, by accessing or using any of the Services through any Access Point (including by visiting the MommaStrong Site), you accept and agree to these Terms.

 

Please note that the website addresses (i.e., URLs) included within these Terms may not function as hyperlinks on all the Access Points. To view these Terms with clickable hyperlinks, please visit the MommaStrong Site on your computer.

 

 

  1. CHANGES TO THESE TERMS

We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the MommaStrong Site at MommaStrong.com/terms. If we make a material change to these Terms, we will notify you by posting a notice on the MommaStrong Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Any material change to these Terms will be effective automatically 5 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 5-day period, at the time of registration or consent, as applicable.

 

 

  1. ACCESS AND USE OF THE SERVICES

 

3.1 Age Restrictions. The Services are not intended to be used by anyone under the age of 18.

 

3.2 Your License. MommaStrong is pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming-only basis, for personal, non-commercial purposes as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the terms of your subscription.

 

3.3 The Content.

  1. Usage Rules and Limitations. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by MommaStrong in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by MommaStrong in writing. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by MommaStrong in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
  2. Content Subjectivity. Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and MommaStrong does not guarantee that you will agree with them. You acknowledge these risks.
  3. Content Quality. MommaStrong uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Content depends on your internet service and device capabilities. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, MommaStrong is unable to make any warranties about the Content in these respects.

 

 

 

3.6 Compatible Devices. In order to access the Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”). Please note that Compatible Devices may vary by Service. Features and functionalities that we make available through the Services may also differ by Compatible Device and the terms of your subscription.

 

 

3.7 Internet Service and Data Usage. In order to access the Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams, as well as HD and 4K Ultra HD Content, may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Services. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.

 

3.8 Ownership. You agree that MommaStrong owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by MommaStrong and MommaStrong's content programmers. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.

 

3.9 Your Responsibilities. In order for us to keep the Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Services, Content and embedding restrictions detailed above, and further agree that you will not use the Services in a way that:

-      violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;

-      uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by MommaStrong (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);

-      involves accessing the Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices -      but not caches or archives -      of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);

-      introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

-      damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including MommaStrong's servers, computer network, or user accounts;

-      removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);

-      uses the Services to advertise or promote services that are not expressly approved in advance in writing by MommaStrong;

-      collects information in violation of MommaStrong's Privacy Policy;

-      encourages conduct that would constitute a criminal offense or give rise to civil liability;

-      violates these Terms or any guidelines or policies posted by MommaStrong;

-      interferes with any other party's use and enjoyment of the Services; or

-      attempts to do any of the foregoing.

 

 

If MommaStrong determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

 

3.10 No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, you may not use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to MommaStrong and that the amount of such harm would be extremely difficult to measure.

 

3.11 Software Downloads. In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

 

3.12 Modification/Suspension/Discontinuation. We regularly make changes to the Services. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. MommaStrong reserves the right to replace or remove any Content and Access Points available to you through the Services and to otherwise make changes in how we operate the Services. Additionally, you agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third parties, certain Content that may be available through one Access Point may not be available through another Access Point. We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Services (including the Content and the Compatible Devices through which the Services are accessed), with respect to any or all users, at any time without notice. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that MommaStrong may do so in MommaStrong's sole discretion at any time without notice. You also agree that MommaStrong will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a MommaStrong subscriber and MommaStrong suspends or discontinues your subscription to the Services, MommaStrong may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if MommaStrong terminates your account or suspends or discontinues your access to Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

 

3.13 Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by emailing [email protected] It would be our pleasure to serve you. We aim to deliver first-class customer service, but in the unlikely event that a customer service representative provides information that is inconsistent with these Terms, please be aware that these Terms will control.

 

 

  1. Subscriptions and Billing

 

4.1 Subscriptions. While we may offer Content from time to time for free, we charge a fee to access the Services. The Services may include different Content offerings and features, with different benefits, conditions, and limitations. You can find the specific details regarding your subscription at any time by logging in on the MommaStrong Site and viewing your account details. Because the Services are offered in multiple time zones, for consistency, a "day" for purposes of these Terms begins at 12:00 a.m. Central Time and ends at 11:59 p.m. Central Time of that same calendar day.

 

4.2 Billing. By providing a credit card or other payment method accepted by MommaStrong ("Payment Method") for your subscription, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the MommaStrong Site and viewing your account details. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

 

As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each periodic renewal date thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the MommaStrong Site and view your account details.

 

We automatically bill your Payment Method on the calendar day corresponding to commencement of your subscription. The interval of time between each payment due date shall correspond to the term of your subscription and be referred to herein as a "Billing Period." In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts.

 

If we offer you a promotion (e.g., a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, after your promotion ends, we will begin billing your Payment Method for your subscription at the regular price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.

 

MommaStrong reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If MommaStrong changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes.

 

Very rarely, if there are special circumstances where MommaStrong determines it is appropriate (e.g., your access to the Services is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at MommaStrong's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

 

4.3 MommaStrong Gift Cards. MommaStrong may make available gift cards redeemable for an eligible Service and you may purchase such gift cards by using a Payment Method previously provided to us or a different Payment Method. MommaStrong gift cards may not be used in conjunction with or in addition to any special offer unless the terms of the special offer expressly indicate otherwise. The purchase and redemption of MommaStrong gift cards are subject to the MommaStrong Terms and Conditions.

 

4.4 Ongoing Subscription and Cancellation. Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your next renewal date in order to avoid the next billing. We will bill the periodic subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Billing Period - this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You will also forfeit any service or referral credits upon cancellation. You can cancel your subscription by logging into your MommaStrong account and following the instructions on your account page.

 

4.5 Unpaid Amounts. It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

 

 

 

  1. ACCOUNTS AND REGISTRATION

You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services.

 

All registration information you submit must be accurate and updated. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by email at [email protected] if you suspect any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

 

You may find information on how to delete your MommaStrong account by logging in on the MommaStrong Site and viewing your account details. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a subscriber you must first cancel your subscription before you will be able to delete your account. Please see the section "Ongoing Subscription and Cancellation" above for instructions on how to cancel your subscription.

 

We reserve the right to immediately terminate or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if MommaStrong determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Services or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the MommaStrong servers being made or the volume of User Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

 

 

  1. COLLECTION AND USE OF PERSONAL INFORMATION

For information about MommaStrong's policies and practices regarding the collection and use of your information, please read MommaStrong's Privacy Policy available at MommaStrong.com/privacy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the MommaStrong Site and use of the Services through any other Access Point are governed by the MommaStrong Privacy Policy in effect at the time of your use.

 

 

  1. USER REVIEWS, COMMENTS, AND OTHER MATERIAL

 

7.1 Your Posts. As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below.

 

Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that if you Post User Material on MommaStrong using a third party service, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address.

 

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant MommaStrong the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. MommaStrong will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that MommaStrong does not guarantee any confidentiality with respect to any User Material.

 

By Posting User Material, you are not forfeiting any ownership rights in such material to MommaStrong. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant MommaStrong a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Services and on other platforms and services worldwide, including on or through any Access Point, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to MommaStrong is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to MommaStrong), fully-paid, royalty-free (meaning that MommaStrong is not required to pay you for the use of your User Material), and sublicensable (so that MommaStrong is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Services). By Posting your User Material, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms.

 

7.2 Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. MommaStrong does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of MommaStrong. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason, as permitted by law. In no event does MommaStrong assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against MommaStrong with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing [email protected] (subject line: "Inappropriate User Material").

 

 

  1. LINKED DESTINATIONS AND ADVERTISING

 

8.1 Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that MommaStrong operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any information or engage in any transactions. These Terms do not govern your use of another website or destination.

 

MommaStrong is not responsible for the content or practices of any website or destination other than the MommaStrong Site, even if it links to the MommaStrong Site and even if the website or destination is operated by a company affiliated or otherwise connected with MommaStrong. By using the Services, you acknowledge and agree that MommaStrong is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the MommaStrong Site.

 

8.2 Third Party Advertisements and Services. MommaStrong takes no responsibility for and does not endorse any third party advertisements or any third party material Posted on any Access Point where the Services are available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that MommaStrong is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, MommaStrong is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.

 

 

  1. TRADEMARKS

MommaStrong, the MommaStrong logo, and other MommaStrong marks, graphics, logos, scripts, and sounds are trademarks of MommaStrong. None of the MommaStrong trademarks may be copied, downloaded, or otherwise exploited.

 

 

  1. UNSOLICITED SUBMISSIONS

It is MommaStrong's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. MommaStrong's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any MommaStrong creative work, including a film, series, story, title, or concept, would be purely coincidental.

 

 

  1. DISCLAIMER OF WARRANTIES


 ALL MommaStrong SERVICES, INCLUDING THE MommaStrong SITE, THE CONTENT, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MommaStrong DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

 

  1. ASSUMPTION OF RISK

 

MY PARTICIPATION IN MommaStrong SERVICES IS COMPLETELY VOLUNTARY. I ASSUME FULL AND SOLE RESPONSIBILITY FOR MY HEALTH AND SAFETY AND FOR ALL RISKS ASSOCIATED WITH MY PARTICIPATION IN MommaStrong SERVICES.  DEPENDING ON MY PHYSICAL CONDITION, MommaStrong SERVICES MAY BE HAZARDOUS TO MY HEALTH, AND I AM FULLY AWARE OF THE POTENTIAL DANGERS AND RISKS, INCLUDING BUT NOT LIMITED TO PHYSICAL ILLNESS OR INJURY, DEATH AND OTHER CONSEQUENCES THAT MAY ARISE OR RESULT DIRECTLY OR INDIRECTLY FROM PARTICIPATION IN MommaStrong SERVICES. IT IS MY SOLE RESPONSIBILITY TO PARTICIPATE IN MommaStrong SERVICES THAT ARE APPROPRIATE FOR THE CURRENT STATUS OF MY HEALTH.  I HAVE BEEN ADVISED THAT A PHYSICIAN’S EXAMINATION AND APPROVAL SHOULD BE OBTAINED BY ANYONE PRIOR TO COMMENCING A FITNESS AND/OR EXERCISE PROGRAM, OR OTHERWISE INITIATING A SUBSTANTIAL CHANGE IN THE AMOUNT OF REGULAR PHYSICAL ACTIVITY PERFORMED, AND IF I HAVE CHOSEN NOT TO OBTAIN A PHYSICIAN’S CONSENT PRIOR TO PARTICIPATING IN MommaStrong SERVICES, I AM DOING SO SOLELY AT MY OWN RISK. I AM SOLELY AND FULLY RESPONSIBLE FOR MONITORING MY OWN CONDITION THROUGHOUT MY PARTICIPATION IN MommaStrong SERVICES.

  1. WAIVER AND RELEASE OF LIABILITY

UNDER THESE TERMS OF SERVICE,YOU AGREE THAT MommaStrong and ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, “THE "MommaStrong PARTIES"), SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF SUCH DAMAGES ARISE IN WHOLE OR PART OUT OF THE ACTS, OMISSIONS, OR NEGLIGENCE OF THE MommaStrong PARTIES.

  1. INDEMNITY

 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, DEPENDENTS, AND REPRESENTATIVES, AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE MommaStrong PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, ACTIONS, CAUSES OR RIGHTS OF ACTION, AND COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, (COLLECTIVELY, “CLAIMS”) – WHETHER KNOWN, UNKNOWN, ANTICIPATED OR UNANTICIPATED – DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATING TO OR RESULTING IN WHOLE OR IN PART FROM YOUR PARTICIPATION IN THE MommaStrong SERVICES AND YOUR USE OF MommaStrong CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OF BODILY INJURY, MEDICAL EXPENSES, LOSS OF EARNINGS, AND MENTAL ANGUISH, REGARDLESS OF WHETHER SUCH CLAIMS ARISE IN WHOLE OR IN PART FROM THE ACTS, OMISSIONS OR NEGLIGENCE OF THE "MommaStrong PARTIES.

MommaStrong ALSO RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

 

  1. ARBITRATION OF CLAIMS

 

PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.

If you have an issue with the Services, we encourage you to review our frequently asked questions or contact our customer service team through [email protected] In the event there is an issue that still requires attention, we want to make the resolution process as quick and efficient as possible.  We also want to specify now what each of us should expect in order to avoid any confusion later. To that end, you and MommaStrong agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution to [email protected]. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for MommaStrong.

 

If we do not reach an agreed upon solution after our discussions for at least 30 days, you and MommaStrong agree that any and all claims that either of us may have arising out of or relating to: (i) these Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated in these Terms; (iii) any aspect of our relationship with each other; and (iv) use of the Services, must be resolved through binding arbitration before the American Arbitration Association (“AAA”) using its Consumer Arbitration Rules, available at www.adr.org or by calling the AAA at 1-800-778-7879.  As an exception to this arbitration agreement, MommaStrong is happy to give you the right to pursue in small claims court any claim that is within that court's jurisdiction as long as you proceed only on an individual basis.

 

You and MommaStrong agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.

 

It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against MommaStrong, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it's fair that MommaStrong reimburse your reasonable attorneys' fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in MommaStrong's favor, MommaStrong will not seek reimbursement of our attorney's fees and costs, regardless of who initiated the arbitration. For clarity, this arbitration provision will survive cancellation of your MommaStrong account.

 

Please consult an attorney should you have any questions about any term or condition of MommaStrong services.

 

Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it's important that you and MommaStrong agree on the process described in this Section.

 

 

  1. LIMITATION ON TIME TO BRING A CLAIM

To help resolve any issues between us promptly, you and MommaStrong agree to bring any claim arising out of or relating to these Terms (including MommaStrong’s Privacy Policy), our relationship, or the use of the Services within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.

 

From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address, notices on the MommaStrong Site and other Access Points). You consent to receive electronic communications from MommaStrong and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.

 

THANK YOU FOR TAKING THE TIME TO READ THESE TERMS. BY LOGGING IN TO THE MOMMASTRONG SITE AND USING THE MOMMASTRONG SERVICES, YOU WARRANT THAT YOU UNDERSTAND AND AGREE TO ALL TERMS AND CONDITIONS OF SERVICE.

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