Last updated September 21, 2017
Please read the following TERMS AND CONDITIONS ("Agreement" or "TERMS AND CONDITIONS") before you install the Hello Mom application or use any of the products or services we provide through our application, software or website (all of which are referred to collectively herein as the "Hello Mom Technologies"). The Hello Mom Technologies are owned, licensed and operated by HELLO MOM (referred to herein as "we," "us," "our," "Hello Mom"), which has developed applications and services for use in connection with a variety of devices and platforms, including without limitation, Windows, Mac, iPhone, iPad, Kindle Fire, Android, BlackBerry, Windows phone, Chrome, Safari, Firefox and other mobile devices and computers.
If you do not agree with any of these terms, you are prohibited from using or accessing the Service. The materials contained in this Service are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Hello Mom's Service for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: (1) modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Hello Mom Technologies, including any of its files, tables or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Hello Mom application or any portion thereof; (2) distribute, license, transfer, or sell, in whole or in part, any of the Hello Mom Technologies or any derivative works thereof; (3) market, rent or lease the Hello Mom Technologies for a fee or charge, or use the Hello Mom Technologies to advertise or perform any commercial solicitation; (4 ) use the Hello Mom Technologies to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (5) interfere with or attempt to interfere with the proper working of the Hello Mom Technologies, any transactions being offered in connection with the Hello Mom Technologies or any other activities conducted by us, disrupt our website or any networks connected to the Hello Mom Technologies, or bypass any measures we may use to prevent or restrict access to the Hello Mom Technologies; (6) exploit the Hello Mom Technologies in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity; (7) use any robot, spider, scraper, or other automated means to access our website or proprietary work for any purpose without our prior written permission; (8) use the Hello Mom Technologies to collect or harvest personal information about other users of the Hello Mom Technologies; (9) take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; (10) share any articles or other content with any unreasonably large number of persons, including without limitation sending blast communications to a large number of recipients or sharing content with persons you do not know or who do not know you; (11) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (12) use the Hello Mom Technologies, or any other services, products, or downloads available in connection with the Hello Mom Technologies for illegal purposes; (13) represent that you are the owner of any of the Hello Mom Technologies, including any of its individual files, drawings or documentation; (14) remove or alter any proprietary notices, labels, marks or identifying information of any kind on the Hello Mom Technologies; (15) incorporate the Hello Mom Technologies or any portion thereof into any other program or product; (16) use the Hello Mom Technologies for any purpose other than in accordance with the Terms and Conditions of this Agreement; or (17) copy or reproduce, in any form or by any means, any part of the Hello Mom Technologies (except that you may make one copy of the Hello Mom application for archival or backup purposes only, provided that any such copy contains the copyright and proprietary notices in unaltered form).
- Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark, trade secret or other intellectual property right (“all of which are referred to collectively herein as the "Hello Mama Intellectual Property")., except as expressly provided herein. If you want to make commercial use of any of the Hello Mama Intellectual Property, you must enter into a separate written agreement with us in advance.
3. This license shall automatically terminate if you violate any of these restrictions and may be terminated by HELLO MOM at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. DELIVERY OF NOTIFICATION
You may receive e-mail notifications from Hello Mom at the e-mail address provided in your registration. Your acceptance of these Terms and Conditions constitutes the acceptance of web delivery of all info in lieu of any other submission from Hello Mom.
4. INFORMATION YOU PROVIDE
- If you choose to create a user account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, Registration Data or passwords, as the case may be. We reserve the right to refuse service and/or terminate user accounts in our sole discretion.
- If you choose to send us any message, feedback or data, including, but not limited to, any ideas, comments, suggestions or questions regarding any product or service, such information shall be deemed to be non-confidential. We shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such ideas, concepts, know-how or techniques. The Hello Mom Technologies enable users to share, save or post information or materials, or to communicate with or otherwise share information with other users or persons. You agree not to share, save, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, indecent, illegal or otherwise objectionable material, or any material that violates any federal, state, or local law in the United States or anywhere else in the world. You are solely responsible for all information which you share, save, submit, publish, display, disseminate or otherwise communicate through the Hello Mom Technologies, even if a claim should arise after termination of service. You agree that all such content, messages and other communications shall not be deemed to be private or secure, and that any such content, messages and communications can be read by the operators and/or other agents of HELLO MOM whether or not they are the intended recipients. If we or any other person asks you to cease and desist from sharing any articles or other content with any third party, or to cease communicating with any third party via the Hello Mom Technologies, you agree to comply with such request immediately.
5. Possible Cell Carrier Fees
Hello Mom is a free service, but standard messaging and data rates may apply through your carrier. Text DELETE to (612) 261-0113 to stop all messages. Text HELP to (612) 261-0113 for help.
The materials on Hello Mom’s Service are provided "as is". HELLO MOM makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, HELLO MOM does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
In no event shall HELLO MOM or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Hello Mom’s Service, even if HELLO MOM or a HELLO MOM authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. HELLO MOM does not practice medicine and is not to be held liable for any malpractice claims based upon healthcare or counseling services.
- You agree, at your own expense, to indemnify, defend and hold harmless HELLO MOM, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of this Agreement, your use of the Hello Mom Technologies, or any of your other acts or omissions.
9. Revisions and Errata
The materials appearing on Hello Mom’s Service could include technical, typographical, or photographic errors. HELLO MOM does not warrant that any of the materials on Hello Mom’s Service are accurate, complete, or current. HELLO MOM may make changes to the materials contained on the Hello Mom Service at any time without notice. HELLO MOM does not, however, make any commitment to update the materials.
HELLO MOM has not reviewed all of the sites linked to Hello Mom’s Service and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by HELLO MOM of the site. Use of any such linked website is at the user's own risk.
11. Site Terms and Conditions Modifications
HELLO MOM may revise these Terms and Conditions for its web site at any time without notice. By using this Service you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
12. Governing Law
Any claim relating to Hello Mom's Service shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions.
Any dispute or claim arising out of or relating in any way to your use of any of the Hello Mom Technologies, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and Federal Arbitration Law apply to this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, may award on an individual basis the same damages and relief as a court (including, without limitation, injunctive and declaratory relief or statutory damages), and must follow these Terms and Conditions as a court would. Arbitration is more informal than a lawsuit in court, and allows for more limited discovery than in court. The arbitrator will decide all issues, including, without limitation, issues relating to the scope and enforceability of this arbitration provision.
To initiate an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: HELLO MOM [ PO Box 18513, Minneapolis, MN 55418] Unless you and we agree otherwise, any arbitration will take place in the State of Minnesota, USA. The arbitration will be conducted by JAMS in accordance with that organization's "Streamlined Arbitration Rules & Procedures". If the arbitration is not possible through JAMS, it will be conducted by a neutral arbitrator in accordance with the American Arbitration Association (AAA) rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. JAMS rules and other information are available at https://www.jamsadr.com or by calling 800.352.5267. The AAA's rules and other information are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the applicable JAMS or AAA rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law or otherwise, by you without our prior written consent. Subject to the preceding sentence, the rights and liabilities of the parties hereto is binding on, and shall inure to the benefit of, the parties and their respective successors and assigns. Any attempted assignment other than in accordance with this section shall be null and void.
If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitrator or tribunal, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
16. RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party nor their agents have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times shall continue to be, that of independent contractors.
17. FORCE MAJEURE
We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
18. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements and communications, whether oral or written, between the parties relating to the subject matter of this Agreement and all past courses of dealing or industry custom. No amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized signatory of HELLO MOM and you.
19. INTERNATIONAL ACCESS
The Hello Mom Technologies may be accessed from countries other than the United States. We control and operate the Hello Mom Technologies from offices located in the United States and all servers that make it available reside in the United States. We make no representations or warranties that the Hello Mom Technologies are appropriate for use or access in other locations. If you access and use the Hello Mom Technologies outside the United States, you do so on your own initiative and you are responsible for complying with United States and your local laws and regulations, if and to the extent such laws are applicable.
You may not use, export, re-export, import or transfer the Hello Mom Technologies except as authorized by United States law, the laws of the jurisdiction in which you obtained the Hello Mom Technologies, and any other applicable laws. In particular, but without limitation, the Hello Mom Technologies may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Hello Mom Technologies, you represent and warrant that you are not located in any such country or on any such list. You also may not use the Hello Mom Technologies for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. We reserve the right to limit, in our sole discretion, the availability of the Hello Mom Technologies or any portion thereof, to any person, geographic area, or jurisdiction, at any time.
We reserve the right to limit, in our sole discretion, the availability of the Hello Mom Technologies or any portion thereof, to any person, geographic area, or jurisdiction, at any time.