ALPHAMOM.COM™ TERMS AND CONDITIONS
1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Services and/or Website. The Agreement constitutes the entire and only agreement between you and Alpha Mom™ with respect to your use of the Services and/or Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, the content contained therein and/or the products and services provided by or through same. Alpha Mom™ may change the Agreement, and the scope and functionality of the Services, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued use of the Services and/or Website following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement. You understand and agree that Alpha Mom™ is not responsible or liable in any manner whatsoever for your inability to use the Services and/or Website.
2. Requirements. The Website and the associated Services are available only to legal residents of the United States or the District of Columbia, living in the United States or the District of Columbia, who are at least eighteen (18) years of age or older, and who can enter into legally binding contracts under applicable law.
3. Description of the Website & Services. The Website enables users to view and/or submit consumer product ratings; view and comment on any Website columns; view editorial reviews of products; view, add names and/or submit ratings to the Baby Name Database; view information and/or videos on topics that may be of interest to users; enter any Promotions; and other information and/or services that may be available at the Website (collectively, the “Services”). Columns, column comments and consumer product reviews (collectively, “Third Party Content”) should not necessarily be relied upon. Such Third Party Content providers and/or distributors are solely responsible for the accuracy, completeness, appropriateness or usefulness of such material. Alpha Mom™ does not represent or warrant that the Third Party Content and/or other information posted by third parties is accurate, complete or appropriate. You understand and agree that Alpha Mom™ will not be responsible for, and Alpha Mom™ undertakes no responsibility to monitor or otherwise police, such Third Party Content and other information. You agree that Alpha Mom™ shall have no obligation and incur no liability to you in connection with any such columns, column comments and/or consumer product reviews. Further Alpha Mom™ undertakes no responsibility to monitor or otherwise police the columns, column comments or consumer product reviews. Please use caution, common sense and safety when using the Website. You are solely responsible for your interactions with other Website-users including, but not limited to, Third Party Content providers and/or other third parties. Because we are not involved in Website-user interactions, in the event that you have a dispute with one or more Website-users, Third Party Content providers and/or other third-parties, you hereby release Alpha Mom™ including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Alpha Mom™ reserves the right, but has no obligation, to monitor disputes between you and other Website users, Third Party Content Providers and/or other third parties. If you would like to register a complaint, notify Alpha Mom™ of a dispute or notify us of inaccurate or misleading information appearing on the Website or otherwise through the Services, please feel free to contact us at [email protected].
4. Registration Required for Certain Services. The Alpha Mom™ Product Ratings System and the Alpha Mom™ Baby Name Database are powered by Ning.com, a third party corporation unrelated to Alpha Mom™. In order to access the Alpha Mom™ Product Ratings System and/or Baby Name Ratings System, users, who do not already have a Ning ID and password, will be required to register with Ning.com. Upon registration, users may be required to select a Ning ID and password for login purposes, and provide a valid email address. Once a user has successfully registered with Ning.com, he or she must simply login using his or her Ning ID to submit additional product ratings, add a product, add a baby name or submit a baby name rating in the future. The Alpha Mom™ blog comment system is powered by Moveable Type, a third party corporation unrelated to Alpha Mom™, and owner of the “TypeKey” registration system. In order to submit a comment to any blog(s) that may be available at the Website, you may be asked to submit your full name and email address or you may register via TypeKey, if you do not already have a TypeKey display name and password. As a part of your registration via TypeKey you may be asked to provide your full name and email address and to select a display name and password. In order to participate in any Promotions that may be available at the Website, users will be required to register with Alpha Mom™. As a part of registration, users may be asked to provide their full name, mailing address, email address, date of birth, gender, marital status, number and ages of children, how they heard about Alpha Mom™ and how much time they spend online each week. For detailed information regarding Ning.com privacy practices and terms of service, click here. For detailed information regarding Moveable Type/TypeKey privacy practices and terms of service, click here.
5. Third Party Content. Alpha Mom™ reserves the right to prohibit any conduct by users or to remove any materials or content posted by users on the Website including, but not limited to, product ratings and column comments, that Alpha Mom™ deems, in its sole and absolute discretion, to be in violation of the Agreement or which Alpha Mom™ believes to be illegal, potentially harmful to others, otherwise objectionable or that may expose Alpha Mom™ to harm, damage to reputation or liability. Notwithstanding the foregoing, Alpha Mom™ undertakes no responsibility to monitor or otherwise police the content posted by users and other third parties. The Website may contain comments, opinions and other content that are provided directly by users and other third parties. You agree that Alpha Mom™ shall have no obligations and incur no liabilities to you in connection with any such content, information, analyses or opinion appearing on the Website. Alpha Mom™ does not represent or warrant that the content posted on the Website is accurate, complete or appropriate. You understand and agree that Alpha Mom™ is not responsible or liable in any manner whatsoever for your inability to use the Website and/or Services. You understand and agree that Alpha Mom™ shall not be liable to you, any end-users or any third party for any claim in connection with any of the Services including, without limitation, the Promotions, Alpha Mom™ Product Ratings System, Third Party Content, columns and column comments.
6. Telephone Contact in Connection with Registration. By registering for any Services and submitting your telephone number, you agree to receive telephone calls from Alpha Mom™ in connection with your registration and ongoing membership. In addition, you 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 registering for Services and providing Alpha Mom™ with your electronic signature under the Uniform Electronic Transactions Act, you are giving Alpha Mom™ the express right to contact you via telephone in accordance with the ATSR and any applicable state and local do-not-call regulations.
7. License Grant. Users grant to Alpha Mom™ a royalty free, worldwide license to display on, and distribute through, the Website, or in any medium as otherwise determined by Alpha Mom™, the product ratings, baby names, baby name ratings and/or column comments (“User License). The User License shall last as long as the Website and Services remain active. As a user, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website, Alpha Mom™ Product Ratings System, Alpha Mom™ Baby Name Database, content and all other material posted or made available by and through the Website in accordance with the Agreement. Alpha Mom™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Alpha Mom™, as a user, you may only use the Website and Services for your own personal use. No part of the Website including, but not limited to, the content, Promotions, the Alpha Mom™ Baby Name Database and the Alpha Mom™ Product Ratings System may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, content, Promotions, the Alpha Mom™ Baby Name Database, the Alpha Mom™ Product Ratings System and/or any portion thereof. Systematic retrieval of content, Promotions, the Alpha Mom™ Product Ratings System or other content from the Website by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Alpha Mom™ is prohibited. You may not create any “derivative works” by altering any aspect of the Website, content, Promotions, the Alpha Mom™ Baby Name Database or the Alpha Mom™ Product Ratings System. You may not use the Website, content, Promotions, the Alpha Mom™ Baby Name Database or the Alpha Mom™ Product Ratings System in conjunction with any other Third Party Content. You may not exploit any aspect of the Website, content, Promotions, the Alpha Mom™ Baby Name Database or the Alpha Mom™ Product Ratings System for any commercial purposes not expressly permitted by Alpha Mom™. Alpha Mom™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure. You further agree to indemnify and hold harmless Alpha Mom™ for your failure to comply with this Section 7.
8. Proprietary Rights. The Website, content, Alpha Mom™ Baby Name Database, Alpha Mom™ Product Ratings System and any and all other material posted or made available by and through the Website including, but not limited to, the design, selection, arrangement and coordination of such Alpha Mom™ Product Ratings System, Alpha Mom™ Baby Name Database, content and/or Services on the Website is owned or licensed by or to Alpha Mom™, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Website, content, Alpha Mom™ Product Ratings System, Alpha Mom™ Baby Name Database or other material posted or made available by and through the Website may be reproduced, recorded, re-transmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Alpha Mom™’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Website, content, Alpha Mom™ Product Ratings System, Alpha Mom™ Baby Name Database other material posted or made available by and through the Website or any document, software, services or other materials viewed at or through the Website. The posting of information or material at the Website by Alpha Mom™ does not constitute a waiver of any right in such information and materials. Alpha Mom™ reserves all rights not expressly granted hereunder.
The “Alpha Mom” name and logo are trademarks of Alpha Mom™. All custom graphics, icons and service names are trademarks of Alpha Mom™. All other trademarks are the property of their respective owners. The use of any Alpha Mom™ trademark without Alpha Mom™’s express written consent is strictly prohibited.
9. Representations and Warranties. Users and/or Promotion participants, as applicable, hereby represent and warrant to Alpha Mom™ as follows: (i) the Agreement constitutes such party’s legal, valid and binding obligation which is fully enforceable against such party in accordance with its terms; (ii) such party’s use of the Services or other participation on the Website will not conflict with or violate: (a) any provision of law, rule or regulation to which such party is subject; (b) any order, judgment or decree applicable to such party; (c) any provision of such party’s corporate by-laws or certificate of incorporation, if applicable; or (d) any agreement or other instrument applicable to such party; (iii) there is no pending or, to the best of such party’s knowledge, threatened claim, action or proceeding against such party; (vi) such party will be solely responsible for complying with the terms and conditions of the Agreement; and (vii) that he or she has the right to submit any content posted at the Website, that such submission does not violate any third party’s rights, and that he or she agrees to hold Alpha Mom™ harmless from and against any and all liability arising out of such submission.
10. Bypassing or Disabling any Portion of the Website Services or Software. If you bypass or disable any portion of the Services, Website or associated software including, without limitation, the blocking of cookies, product reviews or column comments submitted by other users, you are in violation of the Agreement and Alpha Mom™ may suspend or terminate your use of the Website and/or Services without notice. Termination of your use of the Website and/or Services will not excuse you from any criminal or other civil liabilities that may result from your actions.
11. Indemnification. You agree to indemnify and hold Alpha Mom™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners and advertisers, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website in any manner whatsoever; (b) your breach of the Agreement; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Alpha Mom™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
12. Disclaimer of Warranties. THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PROMOTIONS, VIDEOS, PRODUCT REVIEWS, BABY NAME DATABASE, COLUMNS, COLUMN COMMENTS, THIRD PARTY CONTENT, ANY PRODUCTS AND/OR SERVICES FEATURED ON THE WEBSITE (AND THE ASSOCIATED DESCRIPTIONS) AND THE SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ALPHA MOM™ MAKES NO WARRANTY THAT THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PROMOTIONS, VIDEOS, PRODUCT REVIEWS, BABY NAME DATABASE, COLUMNS, COLUMN COMMENTS, THIRD PARTY CONTENT, ANY PRODUCTS AND/OR SERVICES FEATURED ON THE WEBSITE (AND THE ASSOCIATED DESCRIPTIONS) AND/OR THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PROMOTIONS, VIDEOS. PRODUCT REVIEWS, BABY NAME DATABASE, COLUMNS, COLUMN COMMENTS, THIRD PARTY CONTENT AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ALPHA MOM™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE OR FOR ANY FAILURE TO UPDATE THE PRODUCT REVIEWS, BLOGS OR BLOG COMMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALPHA MOM™, ANY USER, THIRD PARTY CONTENT PROVIDERS OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
13. Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALPHA MOM™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALPHA MOM™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PROMOTIONS, VIDEOS, PRODUCT REVIEWS, BABY NAME DATABASE, COLUMNS, COLUMN COMMENTS, THIRD PARTY CONTENT, ANY PRODUCTS AND/OR SERVICES FEATURED ON THE WEBSITE (AND THE ASSOCIATED DESCRIPTIONS) AND/OR THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR CONTENT PURCHASED OR OBTAINED FROM OR FEATURED ON THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) ANY FAILURE TO UPDATE THE BABY NAME DATABASE, PRODUCT REVIEWS, COLUMNS OR COLUMN COMMENTS; AND (E) ANY OTHER MATTER RELATING TO THE WEBSITE, ANY INFORMATION CONTAINED HEREIN, THE CONTENT, PROMOTIONS, VIDEOS, PRODUCT REVIEWS, BABY NAME DATABASE, COLUMNS, COLUMN COMMENTS, THIRD PARTY CONTENT, ANY PRODUCTS AND/OR SERVICES FEATURED ON THE WEBSITE (AND THE ASSOCIATED DESCRIPTIONS) AND/OR THE SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE ALPHA MOM™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF ALPHA MOM™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED ($500) DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PROMOTIONS, VIDEOS, PRODUCT REVIEWS, COLUMNS, COLUMN COMMENTS, THIRD PARTY CONTENT, ANY PRODUCTS AND/OR SERVICES FEATURED ON THE WEBSITE (AND THE ASSOCIATED DESCRIPTIONS) AND/OR THE SERVICES MAY BE BROUGHT BY YOU OR ALPHA MOM™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ALPHA MOM™. ACCESS TO THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions Alpha Mom™’s liability shall be limited to the maximum extent permitted by law.
14. Third Party Websites. The Services and Website may contain links to other websites on the Internet that are owned and operated by third parties. Alpha Mom™ does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Alpha Mom™ of the applicable website or any association with the website’s operators. Because Alpha Mom™ has no control over such websites and resources, you agree that Alpha Mom™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third-parties. Any dealings with, or participation in promotions offered by, advertisers on the Website and/or other third-parties, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Alpha Mom™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such third party website or any such dealings or promotions.
16. Miscellaneous. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. The Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Alpha Mom™ and governs your use of the Website and/or Services. Alpha Mom™’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
The Agreement is the entire agreement between the parties pertaining to its subject matter, and supersedes all prior written or oral agreements (including prior versions of the Agreement and any conflicting confidentiality agreements), representations, warranties or covenants between the parties with respect to such subject matter. There are no third party beneficiaries of the Agreement. The headings of sections or other subdivisions of these Terms and Conditions will not affect in any way the meaning or interpretation of these Terms and Conditions.
The Agreement will be binding on, inure to the benefit of, and be enforceable against, the parties and Alpha Mom™’s successors and assigns. You are not permitted to transfer any rights and/or obligations pursuant to the Agreement without the express written consent of Alpha Mom™. Any attempt to do so will result in the immediate termination of your access to the Website and Services.
Alpha Mom™ may provide notices to users by posting notices or links to notices on the Website. Notices to users may also be made via e-mail, regular mail, overnight courier or facsimile at the user’s contact address of record as set forth by that party on the applicable registration. If users wish to provide notice to Alpha Mom™, such notice shall be sent, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to: Alpha Mom™ TV, Inc., 1173A Second Avenue, #314, New York, New York 10021. Notices sent by email or telecopy, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in writing by authorized Alpha Mom™ personnel.
17. How to Contact Us. Our “Contact” page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read, as applicable, every message sent in and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about the Agreement or the practices of Alpha Mom™, please feel free to contact us at [email protected].