Last Updated: October 13, 2008
1. Acceptance of User Agreement
Thank you for visiting the Alpha Mom™ Web site located at www.alphamom.com (the “Site”) and for your interest in Alpha Mom Labs™. BY COMPLETING THE ABOVE PERSONAL INFORMATION AND BY CLICKING “I AGREE,” YOU ACCEPT THESE TERMS AND CONDITIONS, INCLUDING ALL TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE (COLLECTIVELY, THE “TERMS”) AND ANY MODIFICATIONS THAT MAY BE MADE TO THE TERMS FROM TIME TO TIME. IF YOU DO NOT AGREE TO ANY PROVISION OF THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE. IF YOU DO NOT AGREE TO ANY PROVISION OF THE TERMS OR CHOOSE NOT TO COMPLETE THE ABOVE INFORMATION PERTAINING TO ALPHA MOM LABS YOU MAY NOT PARTICIPATE IN ALPHA MOM LABS.
2. Modifications to Terms
Alpha Mom, LLC (“Alpha Mom,” “we,” “us,” and “our”)reserves the right to change or modify any of the terms and conditions contained in these Terms, and any other Alpha Mom terms, policies, or guidelines, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site and your continued participation in Alpha Mom Labs following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. If Alpha Mom updates these Terms, it will update the “last updated” date above. You should frequently review these Terms and other applicable policies from time to time to understand the terms and conditions that apply to your use of the Site and your participation in Alpha Mom Labs. If you do not agree to the amended terms, you must stop using the Site and participating in Alpha Mom Labs.
3. Registration Requirements
In order to register at the Site or to participate in Alpha Mom Labs, you must be 18 years of age or older and be both a legal resident of and living in the United States or the District of Columbia.
In consideration of your use of the Site or your participation in Alpha MomLabs you agree to(a) provide accurate, current and complete information about you as prompted by the registration form; (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use connected to the Site or Alpha Mom Labs, such as surveys and online focus groups; and (c) maintain and promptly update the Registration Data, and any other information you provide to Alpha Mom, and to keep all such information accurate, current, and complete.
4. Site Content, Postings and Submissions
The Site and all information, data, and other content and materials available on the Site, including, without limitation, the Alpha Mom logo and all designs, text, documents, graphics, software, videos, sound files, other files, and the selection and arrangement thereof (collectively, “Content”), are the proprietary property of Alpha Mom and its licensors and are protected by U.S. and international copyright laws.
If you post Content on or through the Site, you (a) grant Alpha Mom and its subsidiaries and affiliates an exclusive, royalty-free, perpetual, irrevocable, fully sublicensable, and fully transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content throughout the world in any media and (b) represent and warrant that you own and control all of the rights to the Content that you post, or you otherwise have the right to post such Content to the Site; and the use and posting of Content you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for Alpha Mom, the Site, or for third parties.
You acknowledge and agree that any materials, including but not limited to comments, suggestions, ideas, questions, plans, notes, drawings, original or creative materials, or other information, provided by you in response to a survey, during an online or in person focus group, or in the form of email or other submissions to Alpha Mom, are non-confidential and shall become the sole property of Alpha Mom, its marketer or other third party. Alpha Mom will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you (excluding compensation received for participation in surveys, online focus groups or in-person focus groups).
5. Use Restrictions
The Site may include interactive features and services, including social networking functionality, ratings or review functionality, the ability to view and comment on Site columns; and similar services, in which you or third parties may send messages to Site users, and create, post, or store profile data, pictures, ratings or reviews, and other Content on the Site (“Interactive Services”). You are solely responsible for your use of Interactive Services and use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Site and/or through Alpha Mom Labs’ surveys or focus groups any of the following:
- Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- Content that harasses, intimidates, degrades, or is hateful toward any person or group on the basis of race, religion, ethnicity, gender, sexual orientation, age, or disability;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the Fair Housing Act, any federal or state employment laws, and the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange (e.g., the New York Stock Exchange or the NASDAQ);
- Content that violates, or that causes Alpha Mom or its affiliates or subsidiaries to violate, any other applicable law, regulation, or order of any governmental authority in any jurisdiction;
- Content that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
- Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality;
- Content that impersonates any person or entity, or misrepresents your affiliation with the Site or with any other person or entity;
- Political campaigning, or any unsolicited promotions, advertising, or solicitations including, without limitation, links to commercial products or services without the express permission of Alpha Mom;
- Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
- Content that, in the sole judgment of Alpha Mom, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Site, or which may expose Alpha Mom, the Site, or its users to harm or liability of any nature.
Alpha Mom will, in its sole discretion, make all judgments as to whether Content or other user actions violate any standards for Content or other user actions described in these Terms. In addition to the specific restrictions and guidelines set forth elsewhere in these Terms, Alpha Mom reserves the right to impose restrictions and limitations on the use of the Site, including account termination, upon any Site users engaging in any type of conduct that, as determined by Alpha Mom in its sole discretion, violates these Terms or may create harm to, or liability for, Alpha Mom, the Site, Site users, or third parties of any nature.
6. Limited License
If you comply with all the terms and conditions of these Terms, Alpha Mom grants you a revocable, non-transferable, and non-exclusive license to access the Site and to electronically copy (except where prohibited without a license) and to print to hard copy portions of the Content for your informational, personal, and non-commercial purposes only. This license is revocable at any time. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Site, or any information contained on, or obtained from, the Site or from your participation in Alpha Mom Labs without the express written consent of Alpha Mom.
Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you under these Terms. Unless stated explicitly in these Terms, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
7. Access Limits
Without our express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
8. Disclaimer with Respect to Content
Any content found on the Site is only for entertainment purposes. Any recommendations or information provided on the Site should not be used as a substitute for advice by a trained professional, including, but not limited to, a qualified healthcare provider, a financial advisor, or a lawyer.
9. Third-Party Content
The Site may contain links to Web pages and content of third parties ("Third-Party Content"), such as opinions, advice, and other information expressed by third parties. Alpha Mom reserves the right to monitor Third Party Content, but undertakes no responsibility to update or review any Third Party Content. Alpha Mom makes no guarantee as to the accuracy or completeness of any Third-Party Content. Alpha Mom takes no responsibility and assumes no liability for any Content posted, stored, or uploaded by a third party, or for any loss or damage thereto, nor is Alpha Mom liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site or in your dealings with other Site users.
Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, of any Web sites or Third-Party Content to which you navigate from the Site. You access and use Third-Party Content at your own risk.
10. Advertisements and Promotions
The Site may contain advertisements and promotions from third parties. While participating in Alpha Mom Labs you may also encounter advertisements and promotions from third parties, such as marketers. Your business dealings or correspondence with, or participation in promotions of, third parties other than Alpha Mom, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party and are at your own risk. Alpha Momis not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, transactions, or correspondence. If you enter into any kind of transaction with a marketer or other third party, Alpha Mom and its subsidiaries and affiliates are not responsible or liable for any action or inaction of you or any other party to such a transaction (including, without limitation, any party’s failure to perform, pay any amounts due, or deliver any merchandise or services).
11. Consent to Receiving Telephone Calls
By registering with Alphamom.com or registering to participate in Alpha Mom Labs, you consent to receiving telephone calls from Alpha Mom and from third parties acting on our behalf. These communications may include invitations to participate in surveys, on-line focus groups, and in-person focus groups. You also agree that submitting your telephone number constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (“ATSR”) and any applicable state and local do-not-call regulations. Notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, or an applicable state do-not-call list, by clicking “I agree,” you are giving Alpha Mom and third parties acting on our behalf the express right to contact you via telephone in accordance with the ATSR and any applicable state and local do-not-call regulations.
12. Consent to Electronic Communications
By registering to participate in Alpha Mom Labs, you consent to receiving electronic communications from Alpha Mom and from third parties acting on our behalf. You agree that any notices, agreements, disclosures, or other communications that Alpha Mom or third parties acting on our behalf sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
ALPHA MOM and ALPHA MOM LABS are among the trademarks of Alpha Mom LLC. All Alpha Mom logos, graphics, designs, icons, and service names are trademarks or trade dress of Alpha Mom and may not be copied, imitated or used, in whole or in part, without the prior written permission of Alpha Mom. All other trademarks are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by Alpha Mom.
14. Copyright Infringement
A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
· Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Alpha Mom’s designated Copyright Agent to receive notifications of claimed infringement is:
Attention: [insert Name and contact information]
You acknowledge that if you fail to comply with all of the requirements of this Section 14(A) your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the specific content, you may send a counter-notice containing the following information to the Copyright Agent:
· Your physical or electronic signature;
· Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
· A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
· Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York City, New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
· If a counter-notice is received by the Copyright Agent, Alpha Mom may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Alpha Mom’s sole discretion.
C. Repeat Infringers. Alpha Mom will terminate the access privileges of any user who repeatedly infringes the copyright rights of others.
You agree to indemnify and hold Alpha Mom, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorney's fees, arising out of your participation in the Site and/or Alpha Mom Labs in violation of these Terms and/or your violation of any rights of a third party.
16. Disclaimer of Warranties
YOUR USE OF THE SITE AND/OR YOUR PARTICIPATION IN ALPHA MOM LABS INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SITE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SITE USER, MARKETER, OR OTHER THIRD PARTY. IS AT YOUR SOLE RISK. THE SITE, ALL CONTENT AVAILABLE ON AND THROUGH THE SITE AND THE ALPHA MOM LABS’ SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALPHA MOM AND ITS MARKETERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALPHA MOM DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SITE OR YOUR ACCESS TO ANY CONTENT, OR THAT ANY TRANSACTION REQUEST YOU PLACE USING ALPHA MOM (INCLUDING, WITHOUT LIMITATION, ANY REQUEST OF OR POSTING OF ANY OPINION OR OF ANY INTEREST IN ANY PRODUCTS, SERVICES, OR OTHER ITEMS) WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS TO, AND USE OF, THE SITE AND ANY CONTENT THAT YOU ACCESS ON OR THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALPHA MOM, THROUGH OR FROM THE SITE, OR FROM ANY THIRD PARTY, WILL CREATE ANY WARRANTY REGARDING ALPHA MOM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
17. Limitation of Liability
ALPHA MOM, ITS MARKETER, OR OTHER THIRD PARTY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ALPHA MOM, ITS MARKETER, OR OTHER THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT AND/OR ARISING OUT OF YOUR PARTICIPATION IN SURVEYS OR FOCUS GROUPS RELATED TO ALPHA MOM LABS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF ALPHA MOM, ITS MARKETER, OR OTHER THIRD PARTY TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Notwithstanding any provision of these Terms, Alpha Mom reserves the right, without notice and in its sole discretion, to terminate your ability to participate in Alpha Mom Labs, and to restrict and prevent your future access to, and use of, the Site. Additionally, Alpha Mom reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Site (including, without limitation, access to any Content) without notice in its sole discretion. Alpha Mom will not be liable to you or to any third party for any modification, discontinuance, or restriction of Alpha Mom Labs or the Site.
19. General Legal Notices
Alpha Mom’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Site or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the State of New York, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Site or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in New York City, New York, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by New York law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
These Terms, including all policies and guidelines incorporated into these Terms by reference, constitute the entire agreement between you and Alpha Mom concerning the Site and Alpha Mom Labs. These Terms supersede all prior agreements or communications between you and Alpha Mom regarding the subject matter of these Terms.
20. How to Contact Us.
If you have any questions about these Terms or the practices of Alpha Mom, please feel free to contact us at 1(212) 752-7349 or at email@example.com.