MaMaThis Terms of Service

Last updated and posted on October 31, 2019.

  1. Acceptance of Terms — These Terms of Service (the “Terms of Service”) apply to the MaMaThis application, available as a mobile app download or as an online application located at “www.MaMaThis.com” and to any successor website, subdomain, subsite, or mobile application which links to or references these Terms of Service (the “Services”), which are owned and operated by MamaThis, Inc. (“Company”).

The Services provide a way for Members of our user community to collaborate on Tasks.  The Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or any use in which an error or interruption in the Services or failure to perform or complete a Task could lead to severe injury or damage to business, persons, property or environment.  The Services should not be relied upon for emergency intervention or as a substitute for medical care. 

You understand that the Services are only a communication channel, and that the Company is not liable for the content of any such communication.  Any information that you provide is purely voluntary, and the Company is not liable for the use by any Member of our community of information that you provide.  The Company does not perform background checks or consumer credit checks on any member in connection with the Services.

PLEASE NOTE: Your access to and use of the Services is subject to these Terms of Service, as well as all applicable laws and regulations. Please read these Terms of Service carefully. If you do not accept and agree to be bound by any of these Terms of Service, you are not authorized to access or otherwise use the Services or any information or Content contained on the Services. Your access to and use of the Services constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below.  These Terms of Service may be changed, modified, supplemented or updated by Company from time to time without advance notice, and the updated terms may be posted on the Company website or otherwise within the Services, and you will be bound by any such changed, modified, supplemented or updated Terms of Service if you continue to use the Services after such changes are posted; provided, however, that the Company may  provide notice by means of conspicuous alert or notification displayed on the Services in the case of substantial revisions. Unless otherwise indicated, any new Content or services added to the Services will also be subject to these Terms of Service effective upon the date of any such addition. You are encouraged to review the Services and these Terms of Service periodically for updates and changes.  If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into and agree to these Terms of Service on behalf of that legal entity.

If you have any questions about these Terms of Service, please contact us as described on [email protected]

  1. Limited License and Site Access; All Rights Reserved – Use of the Services is limited to persons 18 year of age or older. Subject to your compliance with these Terms of Service, Company hereby grants you a limited license to access and make personal use of these Services, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company (e.g., downloading of PDF forms, applications, etc.). The Services also contain text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, the “Content”).   The license granted in this Section does not include any resale use of the Services or the Content; any derivative use of the Services or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without Company’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Company’s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in the Services and any Content offered on these Services, including any and all intellectual property rights.  Any software applications available on or through the Services are licensed, not sold, to you. The Company may assign these Terms of Service or any part of them without restrictions. You may not assign these Terms of Service or any part of them, nor transfer or sub-license your rights under this License, to any third party.  We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Company.

 

  1. Additional Terms — Certain areas of the Services (and your access to or use of certain aspects of the Services) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions in order to obtain access to or use of Services. Any additional terms will be made available to you at the time you access that applicable Company Service. If there is a conflict between these Terms and terms and conditions posted for a specific area or a particular Service, the latter terms and conditions will take precedence with respect to your use of or access to that area or particular Services, as applicable.

 

  1. Ownership of the Content and Services – Except as otherwise expressly stated, all Content appearing on the Services is the copyrighted work of Company or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Company and is protected by U.S. and international copyright laws.

You may download information from the Services and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from these Services, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Company or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Company does not warrant or represent that your use of Content or the Services will not infringe rights of third parties.

  1. Ownership of information submitted via the Services

 

  1. Except as set forth in our Privacy Policy (www.mamathis.com/privacy-policy), any communication or other material (including any text communication, health information, photograph, video, or other audio or visual work) submitted or posted to or through the Services (“Submission”) will be considered non-confidential. Unless otherwise expressly stated in writing by the Company, no compensation will be paid with respect to the use of any Submission. The Company shall have no obligation to preserve, return or otherwise make available to you or others any Submission.

 

  1. Except as set forth in our Privacy Policy, the Company does not claim ownership of your Submission in its original form; however, by providing a Submission, you hereby grant to the Company and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the Submission in any and all media, whether now known or hereinafter created, throughout the world and for any purpose related to the business of the Company. By uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission. The rights granted to the Company include but are not limited to the right to aggregate, summarize, analyze, resize, crop, censor, compress, edit, feature, caption, and to otherwise alter or make use of your Submission.

 

  1. Subject to our Privacy Policy, and limits under applicable law with regard to identifiable information, you understand and intend that by providing your Submission to the Company, you hereby waive any privacy expectations that you may have with respect to any such Submission. You hereby agree, subject to the Privacy Policy and applicable law, that the Company is the full owner of all right, title, and interest in any content or information extracted, derived, or otherwise created from such Submission, and you agree to hold the Company and its affiliates, subsidiaries, licensees, sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any the Company site, or any other use authorized under these Terms, of your Submission. You further hereby agree that any Submission by you will be accurate and will not be intended to mislead, harm or cause damage to Company, any User, any Third Party or any other party, and you agree to indemnify, defend and hold harmless Company against any and all claims, liabilities and damages caused by any Submission from you or any Third Party.

 

  1. You understand and agree that, if any other Member, Third Party, or User shares or provides you with access to their Submission, or if you otherwise access any Submission through the Services, you will not obtain, as a result of your use of the Services, any right, title, or interest in or to such Submission. You agree to maintain the confidentiality and integrity of such Submission and/or to any shared Content and to use or disclose such Submission and/or Content only as authorized by their owner. You understand and agree that you shall be solely liable for any damages arising out of or related to your breach of these obligations, and you agree to indemnify the Company for any liabilities or damages arising out of or related to any breach of your duty to maintain the confidentiality and integrity of such Submission and/or any shared Content and to use or disclose such Submission and/or Content only as authorized by their owner.

 

  1. Feedback — Please be advised that if you send or submit to the Company creative ideas, suggestions, inventions, or materials (“Feedback”), the Company shall: (i) own, exclusively, all now known or later discovered rights to the Feedback; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

 

  1. Privacy — Your privacy is important to us. We maintain our Privacy Policy at www.mamathis.com/privacy-policy.  We agree to use your information in accordance with our Privacy Policy, and you consent and acknowledge that your information may be used in accordance with our Privacy Policy.  We reserve the right to store all information transmitted via our Services and to use it in accordance with our Privacy Policy.  We reserve the right to modify our Privacy Policy from time to time, effective upon posting the revised version on our Site.  We encourage you to periodically check the Site for updates.  If you disagree with anything in our Privacy Policy, you should cancel your subscription and discontinue using our Services.

 

  1. Connection Requirements – You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use these Services, and Company reserves the right to change the access configuration of the Services at any time without prior notice.

 

  1. Profiles — When you register with us for access to the Services and successfully complete the account registration process you will become a “Member” of the Services. As a Member, you will have the opportunity to create a profile (“Profile”) and to add information, data, and images to your Profile) (“Profile Content”). As a Member, you will have the opportunity to invite third parties to use the Services (“Invitees”), who may have access to the Profile that you create.  Other Members using the Services may also have access to portions of your Profile that are designed as “public”.  If you elect to invite an Invitee to use the Services, that Invitee will receive an invitation to register with the Services and will need to complete the registration process to become a Member.  All Members are responsible for monitoring the Profile Content uploaded or added to their Profile.  Please note that you, and not Company, are responsible for maintaining and protecting all Profile Content. Company will not be liable to you for any loss or corruption of your Profile Content, or for any costs or expenses associated with backing up or restoring any of your Profile Content.  You understand and intend that allowing access to your Profile or otherwise sharing or disclosing any information with a Third Party pursuant to this Section is authorized by you and will not be considered a “disclosure,” access, or use of information by the Company for any purposes. You are responsible for using the Services in a manner that complies with the law.

 

 

  1. Payment Terms

 

  1. Tasks Once you become a Member of the Services, you will have the opportunity to perform services for other Members and to request other Members to perform services, in exchange for consideration agreed upon by you and the applicable Member (“Tasks”). Each Member is solely responsible for performing any Tasks that such Member accepts and for paying other Members for Tasks that have been accepted and performed by the other Members.  You understand and agree that you shall be solely liable for any damages arising out of or related to your breach of these obligations, and you agree to indemnify the Company for any liabilities or damages arising out of or related to any breach of your obligations arising out of or in connection with any Tasks.

 

  1. VIP Tasks. When submitting a Task request on the Services, you will have the option to select “VIP” status, which will prioritize your Task request among the available Tasks for nearby Members, in exchange for the applicable “VIP cost”.

 

  1. Invitees. In addition to payments in connection with Tasks, you may be eligible to receive payments for Tasks that are completed for and paid for by an Invitee. 

 

  1. Third Party Payment Processors. You will be required to connect a bank account to receive any make payments for Tasks. The Services do not directly accept or process payments. Instead, the Services may provide an interface to or content from third-party payment processors, such as Stripe, and may allow payments through these third-party payment processors. These third-party payment processors collect, process and store payment information at the direction of the user and provide only credits and notifications to us. You are responsible for complying with any terms and conditions set by our third party payment processors and we expressly disclaim all liability for your use of such third party payment processors. 

 

  1. Taxes. It is possible that if you are performing any Tasks for other Members that such services or goods may be subject to sales tax in the jurisdiction where the Task is completed. You are encouraged to talk with your financial and tax advisors to determine whether or not any Tasks that you elect to complete would obligation you to collect and remit any sales tax.  YOU ARE SOLELY RESPONSIBLE FOR COLLECTING AND REMITTING ANY SALES TAX WHICH MAY BE APPLICABLE TO THE SERVICES THAT YOU AGREE TO PROVIDE TO ANY PARTY AND FOR REMITTING ANY SALES TAX TO THE APPROPRIATE TAXING AUTHORITY.  COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR COLLECTING, REMITTING OR ADVISING YOU ON ANY TAX OBLIGATIONS.

 

  1. DISCLAIMER. ALL PAYMENTS RELATED TO THE SERVICES MUST BE PROCESSED THROUGH THE PAYMENT METHODS PROVIDED WITHIN THE SERVICES.  MEMBERS SHOULD NOT DIRECTLY EXCHANGE PAYMENT OR REQUEST PAYMENT OF ANY AMOUNTS OUTSIDE OF THE PAYMENT METHODS PROVIDED THROUGH THE SERVICES.  COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES RESULTING FROM ANY EXCHANGE OF PAYMENT OR FOR ANY DISPUTE RELATED TO PAYMENTS MADE OUTSIDE OF THE SERVICES.  COMPANY MAY TERMINATE YOUR ACCESS TO THE SERVICES IF YOU REQUEST OR EXCHANGE ANY PAYMENT OUTSIDE OF THE METHODS PRVODED THROUGH THE SERVICES.

 

  1. Accounts — In order to access the Services, including to (i) create and manage a Profile (ii) post any Profile Content through the Services, you must register to create an account (“Account”) and become a Member. Your Account is subject to verification and approval by Company. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Company reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You will be asked to create a password when you create your Account. Company does not have access to your passwords and if you forget your password you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Company if you become aware of any unauthorized use of your Account.

 

You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of Third Parties that are expressly authorized by a Member to assist in the creation of the Member’s account, Company prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Company upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Do not provide your password to any other person or use any other person’s username and password. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.

 

  1. Responsibility for Equipment – Use of the Services may require a computer, smartphone, or tablet. Unless otherwise agreed in writing between the parties, all equipment is provided solely by the Users of the Service.  Company has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that you elect to use in connection with the Services.

 

  1. Third Party Carriers — The Services communicate via internet and/or cellular data service provided by independent carriers. The internet or cellular data service provided by the independent carrier may fail or go off-line from time to time, and during any such outage our Services will be unable to transmit and receive information.  We may not receive timely notice of the communications outage from the independent carriers.  We are not obligated to provide Services during any such outages.  Cellular networks and internet providers may be regulated by federal and state agencies and changes in rules and regulations may require us to modify or terminate our Services.

 

  1. Prohibited Use – Any use or attempted use of the Services(i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Company to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Company, or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Services, you agree you will not:

  1. Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
  2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  4. Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  6. Use the Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., flooding continuous posting of repetitive text or denial of service attacks);
  7. Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
  8. Violate any applicable local, state, national or international law;
  9. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  10. Delete or revise any material posted by any other person or entity;
  11. Manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology or directly link to any portion of the Services other than the main homepage in accordance with the Limited License and Site Access outlined above;
  12. Probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems;
  13. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;
  14. Harvest or otherwise collect information about others, including e-mail addresses;
  15. Use any robot, spider, scraper, or other automated or manual means to access the Services, or copy any content or information on these Services; or
  16. Sell or use any Content or information from the Services for any commercial purpose or personal pecuniary gain.

Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement, Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion.

  1. Internet Risks. You understand that applications, systems, and devices connected to the Internet are subject to inherent risks common to the Internet, such as malicious code, viruses, hackers, and other similar parties, code, or systems.  Company has no liability for any applications accessed or downloaded using the Services or for the acts of any third party that may affect the use of the Services.  You understand and agree that no data transmitted over the Internet is or can be guaranteed to be completely secure.  Company does not guarantee that data submitted or transmitted to Company or through the Services will be free from unauthorized disclosure, access, misappropriation, or intrusion. 

 

  1. Right to Monitor – Company neither actively monitors general use of the Services under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through these Services. However, Company does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Company’s sole discretion, may be illegal, may subject Company to liability, may violate these Terms of Service, or are, in the sole discretion of Company, inconsistent with Company’s purpose for these Services.

 

  1. Disclaimer – Content and other information contained in the Services has been prepared by Company as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Company has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Services or any other Website maintained by Company. Users relying on Content or other information from the Services do so at their own risk.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. COMPANY MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. 

  1. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (E) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SERVICES, PRODUCTS AND SERVICES OR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE COMPANY AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES.

YOU  UNDERSTAND AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY TO YOU OR TO A THIRD PARTY FOR ANY CAUSE OF ACTION RELATED TO THE SERVICES OR TO THESE TERMS OF SERVICE UNDER ANY THEORY.  IF, HOWEVER, A COURT OR JUDICIAL OR ADMINISTRATIVE AUTHORITY OF APPROPRIATE JURISDICTION, IN FINAL RULING, DETERMINES THAT THIS PROVISION IS UNENFORCEABLE, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SERVICES, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50.  YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE SELECTED THE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.

YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS DEEMED UNCONSCIONABLE.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. Indemnification – You agree to defend, indemnify, and hold harmless Company, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from these Services, your use of these Services, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Service

 

  1. User Disputes – The Company is not responsible for any disputes or disagreements between you and any other third party you interact with using the Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release the Company of all claims, demands, and damages in disputes among you, other Members, Users, Third Parties and/or any other party. You also agree not to involve the Company in such disputes.

 

  1. Notices – Any notices to you from Company regarding the Services or these Terms of Service will be posted on the Services or made by e-mail or regular mail.

 

  1. Social Media Platforms and Websites — Any information, communications, or material of any type or nature that you submit to our Services through the use of social media integration (including, but not limited to any Company website contained on a social media platform or website such as Facebook or Twitter) by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Social Media Submission”), is done at your own risk and without any expectation of privacy. The Company cannot control the actions of other users of any social media platform or website and the Company is therefore not responsible for any content or Social Media Submissions contained on such sites and platforms. By visiting any Company Services that are contained on a social media platform or website, you are representing and warranting to the Company that you have reviewed the applicable privacy policy and terms of use of such platform or website and that you will abide by all such provisions contained therein.

 

Additionally, in the event that any one of the Services offers a message board or any other interactive or social-type feature on a website administered directly by the Company, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, or other information (e.g., stories, pictures, ingredients, tips, etc.). Although the Company may take certain precautions to protect those who use these areas of the Company’s Services, we encourage you to be wary of giving out any personal information in such public forums. The information you post can be collected and used by people you don’t know. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. Your use of these features is fully at your own risk.

 

  1. Electronic Communications – When you visit the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Service.

 

  1. General Provisions

 

  1. Entire Agreement – These Terms of Service, the Privacy Statement, and other policies Company may post on the Services constitutes the entire agreement between Company and you in connection with your use of the Services and the Content, and supersedes any prior agreements between Company and you regarding use of the Services, including prior versions of these Terms of Service.

 

  1. Governing Law; Jurisdiction; Venue; Severability of Provisions – The Terms of Service are governed by the laws of the State of Maryland, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms of Service shall be brought exclusively in the federal or state courts located in Baltimore, Maryland and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms of Service apply to the maximum extent permitted by law. We both agree that if any provision of these Terms of Service is found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms of Service will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

 

  1. No Agency Relationship – Neither these Terms of Service, nor any Content, materials, or features of the Services create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

 

  1. Time Limitation on Claims — You agree that any claim you may have arising out of or related to your use of the Services or your relationship with Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

 

  1. Remedies – You agree that any violation, or threatened violation, by you of these Terms of Service constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

 

  1. Contacting Us. If you have any questions or concerns about these Terms of Service, please contact us at [email protected] or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

 

MaMa This, Inc

163 Mitchells Chance Rd #125

Edgewater, MD  21037

 

 

  1. App Store Terms of Use. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like a Company portal, the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”).  You acknowledge and agree that:

 

  1. These Terms are concluded between you and Company, and not with the App Provider, and that Company (not the App Provider, to the extent the App provider is not Company), is solely responsible for the App.

 

  1. To the extent you obtain an App from the Apple App Store, any licenses granted hereunder for the use of the App are limited to a license to use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via family sharing or volume purchasing.

 

  1. Unless expressly stated otherwise in writing by the App Provider, the App Provider has no obligation to furnish any maintenance and support services with respect to the App.

 

  1. To the extent the App Provider is not Company, you may notify the App Provider in the event of any failure of the App to conform to any applicable warranty, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. To the extent that Company is not the App Provider, any claims, losses, liabilities, damages, costs or expenses other than the purchase price attributable to any failure to conform to any warranty will be the sole responsibility of Company in accordance with these Terms.

 

  1. To the extent the App Provider is not Company, the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (A) product liability claims; (B) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (C) claims arising under consumer protection or similar legislation.

 

  1. To the extent the App Provider is not Company, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Company will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.

 

  1. To the extent the App Provider is not Company, the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.

 

  1. You must also comply with all applicable third party terms of service when using the App.

 

  1. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

  1. To the extent you obtain an App from the Apple App Store, you agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the sections of these Terms applicable to the App, and that, upon the your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the applicable End User License Agreement against you as a third party beneficiary thereof.

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