This User Agreement (this “Agreement”) is between Mom Relaunch, LLC (“Mom Relaunch,” “we,” or “us”) and you (hereinafter referred to as “User,” “You,” or “you”) and governs your use of the workforce management platform and service offered by Mom Relaunch that enables (i) Employers to find, schedule, communicate with and manage their workforce and (ii) Moms to post profiles, search Employers, projects, and job opportunities, and participate in training, networking, or mentoring opportunities (collectively, the “Service”). An “Employer” is a party that uses the Service to identify and/or hire or engage, either permanently or on a temporary contract basis, employees and independent contractors for a particular project or opportunity. A “Mom” is an individual who uses the Service to identify or apply for permanent job opportunities or short term project assignments. If you do not agree to be bound by all of the terms contained in this Agreement, do not click on the “I Agree” button and do not access or use the Service.
BY CLICKING THE “SIGN UP” BUTTON, YOU FURTHER ACKNOWLEDGE AND CONFIRM THAT (A) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS, CONDITIONS, POLICIES, PROVISIONS, DISCLOSURES AND DISCLAIMERS CONTAINED IN THIS AGREEMENT, (B) THAT THIS AGREEMENT HAS THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT, AND (C) THAT YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS HEREOF. You also represent and warrant that you are at least eighteen (18) years old, are eligible to work in the United States, and are otherwise capable of forming legally binding contracts under applicable law.
If you enter into this Agreement on behalf of your organization for use of the Service as an “Employer” (each, an “Organization”), the terms and conditions of this Agreement shall apply to the Organization. Otherwise the term and conditions of this Agreement shall apply to you personally. IF YOU ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR ORGANIZATION: (I) YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND YOUR ORGANIZATION TO THIS AGREEMENT; AND (II) AS USED IN THIS AGREEMENT, “YOU” REFERS NOT ONLY TO YOU, THE INDIVIDUAL CLICKING THE “SIGN UP” BUTTON, BUT ALSO YOUR ORGANIZATION. Mom Relaunch shall not be liable, and you agree to indemnify and hold us and our affiliates, employees, and agents harmless for all damages, liabilities, penalties, costs, and expenses incurred by us as a result of any inaccuracy, false representation, or other violation or failure by you in connection with this paragraph.
THIS AGREEMENT IS NOT AN EMPLOYMENT CONTRACT AND YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS AGREEMENT, INCLUDING CREATION OF AN ACCOUNT PROFILE, CREATES ANY TYPE OF EMPLOYMENT, AGENCY OR CONTRACTOR RELATIONSHIP BETWEEN USER AND MOM RELAUNCH. YOUR PARTICIPATION IN THE SERVICE DOES NOT GUARANTEE THAT YOU WILL BE AWARDED ANY COMPENSATION, WORK, POSITION OR ROLE IN CONNECTION WITH ANY PROJECT OR OPPORTUNITY.
WE MAY REVISE AND UPDATE THIS AGREEMENT AT ANY TIME, AT OUR DISCRETION, AND MODIFICATIONS ARE EFFECTIVE UPON BEING POSTED ON THE MOM RELAUNCH WEBSITE. YOU ARE RESPONSIBLE FOR REVIEWING THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY CHANGES TO IT BECAUSE YOUR CONTINUED USE OF THE SERVICE WILL MEAN THAT YOU ACCEPT SUCH CHANGES. IF YOU DO NOT AGREE WITH THE UPDATED AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS, YOU MUST NOT ACCESS OR USE THE MOM RELAUNCH WEBSITE OR THE SERVICE.
Mom Relaunch may terminate your account for violating one or more of your responsibilities to any Employer or Mom of Mom Relaunch, for violating applicable federal or state law, any other provision in this Agreement, or for any other lawful purpose or at our discretion, with or without notice to you.
- Creating Your Account Profile. In order to use the Service, you are required to have registered and set up an account to access and use the Service (your “Profile”). Profile information may include your name, e-mail address, employment history, education, work experience, skill set and availability (“Registration Data”). You agree to promptly update your Registration Data with any new information that may affect the operation of your account and with any additional information requested by an Employer to supplement your Profile. . You represent, warrant, and covenant that all Registration Data is accurate and complete and to not use false identities or impersonate any other person or use an email address, username or password that you are not authorized to use. You must notify us as soon as possible of any known or suspected unauthorized use(s) of your Profile, including username or password, or email address, or any known or suspected breach of security, including but not limited to loss, theft or unauthorized disclosure of your password. You are responsible for all usage or activity on your Profile and/or under your email address. Any fraudulent, abusive or otherwise illegal activity, or any violation of this Agreement by you, may be grounds for termination of your Profile and use of the Service in Mom Relaunch’s sole discretion. You agree that you shall not have more than one (1) Profile. You agree not to create a Profile or use the Service if you have been previously removed by Mom Relaunch, or if you have been previously banned from the Service.
- Description of the Service; Service Use.
- The Service provides opportunities for you and other job and project seekers to learn about potential job opportunities or short-term project assignments (each, an “Opportunity”).
- Subject to the terms of this Agreement, Mom Relaunch hereby grants User a limited, revocable, non-exclusive, non-assignable, non-transferable right to access and use the Service during the term of this Agreement solely for User’s personal use for creating and managing User’s Profile and reviewing and applying for posted Opportunities. You agree that use of any third party features, services, or content, including content or information provided by Employers, either in or accessible in connection with the Service shall be subject to any applicable third party terms and conditions, disclaimers, and disclosures.
- This Agreement only gives you the limited right to access and use the Service. Mom Relaunch reserves all rights with respect to the Service. Unless applicable law gives you more rights despite this limitation, you may use the Service only as expressly permitted in this Agreement. In doing so, you must comply with any technical limitations in the Service that only allow you to use the Service in certain ways and you agree to comply with all laws, rules and regulations applicable to your use of the Service.
- You agree not to (i) provide access to the Service to any third party, in whole or in part, except as expressly allowed by an authorized representative of Mom Relaunch; (ii) rent, lease, distribute, lend or use the Service for purposes not expressly authorized under this Agreement, including without limitation by any automated or non-automated “scraping”; (iii) post false, inaccurate, misleading, defamatory, unlawful, obscene, threatening, harassing, inflammatory, abusive, fraudulent or libelous content or impersonate any person or entity, use a fictitious name or misrepresent your affiliation with a person or entity; (iv) take any action that may undermine the Service’s operations, features or functionality, including without limitation any feedback or ratings systems; (v) transfer your account to another party; (vi) distribute or post spam, unsolicited or bulk electronic communications, chain letters, phishing or pyramid schemes; (vii) use the Service in any manner that could damage, disable, overburden or impair any Mom Relaunch or third party network or server or for any unlawful or unauthorized purpose; (viii) attempt to gain unauthorized access to other accounts, computer systems or networks connected to any Service server or to any of the Service through hacking, password mining or any other means or otherwise attempt to compromise the security or integrity of the Service; (ix) upload or otherwise provide through the Service viruses, worms or other software or devices designed to interfere with or access the Service in a manner not expressly permitted hereunder; (x) redistribute, copy, reproduce or disseminate to any person any information or content, including without limitation third party content, without Mom Relaunch’s prior written consent or collect or harvest any personally identifiable information, including usernames from the Service except as expressly permitted hereunder; and (xi) collect information about other users, including without limitation email addresses, without their consent.
- To the extent that User provides any information, including but not limited to personal information or information related to User’s experience or rates, if applicable, to Mom Relaunch or its Employers or accesses or seeks access to any such information through the Service, User represents, warrants and covenants that (i) User is providing or accessing only User’s own information or the information of others which User is authorized to provide to third parties; and (ii) the use of such information by Mom Relaunch and its Employers will not infringe upon or misappropriate the intellectual property rights, including rights of privacy or otherwise violate the rights of any third parties, or violate any applicable law, rule or regulation.
User acknowledges and agrees that User is solely responsible for establishing and maintaining procedures and controls necessary to maintain the integrity and continuity of User’s operations of the Service, including without limitation backup of User’s data and necessary updates of User’s device, software and equipment used to access the Service. As a condition of use of the Service, User agrees that in the event of an error in the Service, a designated Mom Relaunch representative shall, in Mom Relaunch’s sole discretion, be permitted to access User personal information as reasonably necessary to correct such error and to ensure continued service levels.
- Opportunity Submissions; Employment Disclaimer. User may use the Service to view available Opportunities and upload a “Submission” for each particular Opportunity for which User is qualified.YOU ACKNOWLEDGE AND AGREE THAT BY UPLOADING A SUBMISSION FOR AN OPPORTUNITY AND/OR IF AN EMPLOYER SUBSEQUENTLY EMPLOYS YOU, MOM RELAUNCH RETAINS NO LIABILITY CONCERNING ANY AND ALL CLAIMS ARISING FROM DISCUSSIONS BETWEEN YOURSELF AND EMPLOYER; YOUR EMPLOYMENT WITH EMPLOYER OR WHILE WORKING FOR AN EMPLYOYER; OR OTHERWISE FROM YOUR USE OF THE SERVICE OR INTERACTION WITH EMPLOYER.
Disclaimer on Mom Relaunch Liability. User understands that the Service may contain, errors, “bugs,” and other problems, which may result in system failure or failure in the use of the Service or loss of data or access by third parties to personally identifiable information provided through the Service or obtained by User or on User’s behalf through use of the Service. The Service may not be continuously available due to maintenance or repairs or due to computer, equipment or device problems or crashes, disruption in Internet service or other unforeseen circumstances beyond Mom Relaunch’s control. Further, a reference to a product or service on or in the Service does not imply that such product or service is or will be available.
The Service, including without limitation all documentation, training and guidance materials provided to or accessed by User in connection with the Service (collectively, “Documentation”), is provided to User “AS IS,” “WITH ALL FAULTS,” and Mom Relaunch disclaims any warranty, liability or obligations to User of any kind with respect thereto. THE CONTENT AND DATA AVAILABLE THROUGH THE SERVICE AND THE DOCUMENTATION ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL JUDGEMENT. NEITHER MOM RELAUNCH NOR ANY THIRD PARTY PROVIDERS, LICENSORS OR REPRESENTATIVES MAKE ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OR CONDITION OF ANY KIND FOR THE SERVICE, OPPORTUNITIES AND/OR DOCUMENTATION INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION WITH REGARD TO THE SERVICE’S AND/OR DOCUMENTATION’S PERFORMANCE, MERCHANTABILITY, EMPLOYMENT PROSPECTS, FITNESS FOR ANY PARTICULAR PURPOSE, SECURITY, NONINFRINGEMENT, DATA OR SYSTEM INTEGRITY, DATA OR CONTENT ACCURACY, OR RESULTS THAT MAY BE OBTAINED FROM OR THROUGH THE SERVICE AND/OR DOCUMENTATION. THE SERVICE DOES NOT GUARANTEE THAT USERS WILL FIND EMPLOYMENT THROUGH THE SERVICE AND MOM RELAUNCH AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL LIABILTY WITH RESPECT TO USER’S ABILITY TO SECURE EMPLOYMENT OPPORTUNITIES THROUGH THE SERVICE. IN NO EVENT WILL MOM RELAUNCH OR ANY OF ITS THIRD PARTY PROVIDERS, LICENSORS OR REPRESENTATIVES BE LIABLE TO USER OR ANY OTHER PARTY FOR PUNITIVE, EXEMPLARY, INCREASED, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR AGGRAVATED DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, PROFITS, INVESTMENT, BUSINESS, INCOME, EMPLOYMENT PROSPECTS OR OPPORTUNITIES, FAILURE TO SECURE EMPLOYMENT OPPORTUNITIES, CORRUPTION, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND EVEN IF MOM RELAUNCH OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY, IN CONNECTION WITH (1) THE USE OR INABILITY TO USE THE SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING OTHER USERS, ON THE SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO PARTS OF THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “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.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND MOM RELAUNCH BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, MOM RELAUNCH’S TOTAL AGGREGATE LIABILITY, AND THAT OF ANY OF ITS THIRD PARTY LICENSORS OR PROVIDERS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND WHETHER INCURRED WITH RESPECT TO ONE CLAIM, OR CUMULATIVELY INCURRED FROM MULTIPLE RELATED OR UNRELATED CLAIMS ARISING UNDER THIS AGREEMENT, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD).
- Opportunity Submission Information; Interactive Areas; Feedback.
- The Service includes capabilities for you to submit and upload information and data to your Profile and in response to Opportunities available through the Service, including Submissions (“Interactive Areas”) on or in the Service. You are solely responsible for your own communications, comments, submissions and posted materials and the consequences of posting those communications, comments, submissions and materials (collectively, “Material”). We do not assume any responsibility for the truthfulness, accuracy or reliability of any Material posted on any Interactive Area, whether provided by You or another user, or of consequences of any Material or Interactive Area communications on or arising from use of the Service.
- You are solely responsible for and hereby warrant that the Material is accurate and does not contain any misrepresentations or fraudulent information. You acknowledge and agree that Material you submit or upload may be searchable and viewable by Mom Relaunch and other users.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Mom Relaunch is not responsible or liable for the conduct of any user. Mom Relaunch reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post any Material on any Interactive Area.
- In the event you are awarded and complete performance of an Opportunity, Mom Relaunch or its Employers may elect to provide feedback regarding and/or rating your job performance on such Position, and you hereby irrevocably release and hold Mom Relaunch, its representatives and Employers harmless for any and all claims, losses, damages and expenses arising from or related to Mom Relaunch or its designees’ feedback and/or ratings of your job performance on any Position.
- User acknowledges and agrees that User may be providing certain feedback, statements, suggestions and ideas (collectively, “Ideas”) to Mom Relaunch, directly or through a third party, in connection with User’s use of the Service, which Mom Relaunch may use in future modifications to the Service, multimedia works and/or advertising and promotional materials relating thereto. In addition, User acknowledges and agrees that Mom Relaunch may have access to certain analytic and demographic data (“Data”) with respect to User’s use of the Service. In consideration of your access to the Service, User hereby irrevocably assigns to Mom Relaunch any and all rights, title and interest in any Ideas and Data, including but not limited to any copyright, patent right, moral right, and all other intellectual property rights. You agree to execute and deliver such other documentation and take such actions as Mom Relaunch may deem necessary or desirable to carry out and/or effectuate the assignment of rights in and to the Ideas and Data set forth in this Section and assist Mom Relaunch in exercising all rights and enjoying all benefits with respect thereto.
- User acknowledges and agrees that submission of Material, Ideas and Data to Mom Relaunch, either orally or in writing, will not in any way establish a confidential relationship with Mom Relaunch, nor will it place Mom Relaunch in the position of receiving a disclosure in trust. Mom Relaunch will not be obligated and makes no commitment to treat or maintain Ideas which User submits as confidential. In addition, User does not expect nor will User receive any type of payment or remuneration from Mom Relaunch for Ideas or Data. User agrees that all documents and materials submitted to Mom Relaunch will become the property of Mom Relaunch, unless Mom Relaunch agrees otherwise in writing. No obligation is assumed or may be implied on the part of Mom Relaunch by receipt or examination of the Idea or Data submission to use the Ideas and Data, compensate User, or otherwise enter into another agreement with User.
Term and Termination.
- This Agreement shall commence on the date you click on the “Sign Up” button and shall continue until terminated in accordance with the provisions herein. User may terminate this Agreement at any time by ceasing all use of the Service. Termination of the Agreement may result in the immediate deletion of any content or data that you have submitted to Mom Relaunch. Mom Relaunch will not have any liability whatsoever to you for any suspension or termination, including for deletion of your content and data.
- Mom Relaunch may terminate this Agreement immediately if User fails to comply with any term or condition of this Agreement. Mom Relaunch may suspend the Service or your Profile or any other provision of services to you, and Mom Relaunch may terminate this Agreement, at its discretion without explanation and notice.
- The provisions of Sections 2.3, 2.4, 2.5, 2.6, and Sections 3 through 9 shall survive any termination of this Agreement.
- Proprietary Rights. The Service and any intellectual property, information, data or other materials furnished or provided to User by Mom Relaunch in connection with this Agreement or the Service (“Mom Relaunch IP”) are the sole and exclusive property of Mom Relaunch and/or its licensors or suppliers, and are available to User solely for purposes of User’s use of and access to the Service in accordance with the terms of this Agreement. Except for the limited rights granted herein, nothing in this Agreement shall transfer to User any right, title, or interest in or to any Mom Relaunch IP. Without limiting the generality of the foregoing, User agrees that User shall not (i) modify, alter, adapt, translate, copy or create derivative works or any functionally similar service or software based on the Service or other Mom Relaunch IP, or attempt to merge the Service or other Mom Relaunch IP into any other program, software, or application; (ii) reverse engineer or otherwise attempt to obtain or perceive the source code of the Service or other Mom Relaunch IP (or any component thereof); (iii) build a publically available, competitive product service using all or any portion of the Mom Relaunch IP; (iv) copy any ideas, features, functions or graphics of the Mom Relaunch IP; (v) remove, change or obscure any identification marks or notices of proprietary rights and restrictions on the Mom Relaunch IP or any elements of the Mom Relaunch IP; or (vi) use the Service or other Mom Relaunch IP for any unlawful purpose or in violation of any applicable law, rules or regulations. User acknowledges that a breach of this Section would cause irreparable harm to Mom Relaunch, the extent of which would be difficult to ascertain and for which money damages would not be accurate. Accordingly, User agrees that, without limiting any other remedies to which Mom Relaunch may be legally entitled, Mom Relaunch shall have the right to obtain immediate injunctive relief in the event of a breach or threatened breach of this Section by User without the posting of bond or showing of irreparable harm.
Indemnification. User agrees to indemnify and hold Mom Relaunch, its affiliates, officers, employees and agents harmless from and against any and all claims, costs, demands, liabilities, suits, or actions (including all reasonable expenses and attorneys’ fees) for any loss, damage (including incidental, punitive, exemplary, consequential, and special), injury, or other casualty of any kind whatsoever arising out of or resulting from User’s use of or access to the Service or any act or omission by you or under your account or email address.General Provisions.
- This Agreement shall be governed in all respects by the laws of United States and the State of Delaware, excluding its conflicts or choice of law provisions. You agree that any dispute arising out of or relating in any way to this Agreement or the Service requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Mom Relaunch’s intellectual property rights, Mom Relaunch may seek injunctive or other appropriate relief. The arbitration shall be conducted in San Francisco, California in accordance with the expedited rules of Judicial Arbitration and Mediation Services (“JAMS”) before a single arbitrator. The award of such arbitration shall be confidential, final, binding and nonappealable, except to the extent provided for in the rules of JAMS. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. The arbitrator will have the discretion to impose the costs of the arbitration upon the losing party or divide it between the parties upon any terms which (s)he deems appropriate; provided, however, that each party shall bear its own legal fees and costs. Except for punitive and consequential damages (which may not be awarded), and subject to this Agreement, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.
BECAUSE THE USE OF THE SERVICE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, SUBJECT TO THIS SECTION 9.1, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the exclusive jurisdiction of the state or federal courts located in San Francisco, California for any action (a) to compel arbitration, (b) to enforce any award of the arbitrators, or (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (ii) to service of process in any such action by registered mail or any other means provided by law. Should this Section 9.1 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in San Francisco, California and each party hereby irrevocably consents to the exclusive jurisdiction of such courts.
- Notices between the parties shall be by personal delivery, facsimile transmission, or certified or registered mail, return receipt requested, and shall be deemed given upon receipt at the address of the recipient party or ten (10) days after deposit in the mail.
- Except as otherwise expressly provided in this Agreement, neither party shall be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of any acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, computer, telecommunications, service provider or hosting facility failures or delays involving hardware, software or power systems not within Mom Relaunch’s possession or reasonable control, denial of service attacks, incompatibility of User’s equipment or software with the Service, acts or omissions of vendors or suppliers, transportation and telecommunications difficulties.
- In the event of any invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and effect of the invalid provision.
- This Agreement, and any addendum or amendment thereto, constitute the entire understanding and agreement between the parties with respect to the subject matter addressed herein and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. User may not assign or transfer User’s rights and obligations under this Agreement without the prior written consent of an authorized representative of Mom Relaunch.
- The provisions of this Agreement are not intended to create any relationship between User and Mom Relaunch other than that of independent entities contracting with each other solely for the purpose of effecting the provisions of this Agreement, and nothing contained herein shall be construed as creating any agency, employment, partnership, or joint venture relationship between the parties.
- Any waiver of the provisions of this Agreement or of a party’s rights or remedies under this Agreement must be in writing to be effective. Failure, neglect, or delay by a party in enforcing the provisions of this Agreement or its rights at any time will not be construed as, and will not be deemed to be a waiver of, such party’s rights under this Agreement and will not in any way affect the validity of this Agreement in whole or in part or prejudice such party’s right to take subsequent action. Except as expressly stated herein, no exercise or enforcement by either party of any right or remedy under this Agreement will preclude the enforcement by such party of any other right or remedy under this Agreement, or any other right or remedy to which such party may be entitled at law or equity.
YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND TO THEM IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.