Terms and Conditions
Effective Date: March 1, 2011
Welcome to ManagedMoms.com, the website of Manic Managed Mom, LLC (“Company,” “us,” or “our”).
Company maintains this website for your personal information, education and communication. Your access to and use of this website is subject to the following Terms and Conditions. Please read these Terms and Conditions carefully before accessing or using this website, so that you fully understand your rights and responsibilities. By accessing or using this website, you signify your agreement with these Terms and Conditions. These Terms and Conditions are agreed to by and between you and Company. In consideration for your use of and access to this website, and the promises and obligations in these Terms and Conditions, and intending to be legally bound, you and Company agree to all of these Terms and Conditions. Please print a copy of these Terms and Conditions for your reference.
If you do not agree to the following Terms and Conditions, do not access or use this website, and instead contact Company in writing or via telephone as set forth below for desired information.
Company reserves the right to modify or amend these Terms and Conditions at any time. All changes are effective immediately upon their posting. Material changes will be posted conspicuously on this website. By accessing the website following posting of changes to the Terms and Conditions, you agree to all such changes.
Site Information
Information displayed on this website is subject to modification without notice. Company reserves the right to modify such information without any obligation to notify past, current or prospective website users. Information regarding Company’s services is applicable only in Arizona unless otherwise noted. Some services may not be available in certain areas. Company makes no representations that the materials on this website are appropriate or available for use in other states besides Arizona or other countries besides the United States. Those who do access this website from other states or countries are solely responsible for compliance with the laws of such state or country.
All offers set forth on this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
Website Content and Use of This Website
The term “Content” refers to any text, graphics, logos, button icons, images, audio or video content, digital or printable downloads, compilations of the foregoing, or other materials that may appear on or may be produced by the website. Content does not include third party material or materials that you submit or upload to us in use of our website (“Submissions”).
You may access this website solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, publish or transmit any portion of this website, including for resale or to sell or promote other products, without the prior written consent of Company.
If you have access to a “Subscribers” or other private portion of this website that requires registration, you are responsible for maintaining the confidentiality of your login information. You are solely responsible for any activity that takes place under your username and password.
You retain your rights to the Submissions that you may submit or upload to us. You grant Company a worldwide, non-exclusive, royalty-free license to use, make, reproduce, modify, publish, display, transmit, display, and distribute the Submissions in any and all media, with a right to sublicense the foregoing solely for purposes of providing you our services.
Impersonation and Multiple Accounts
If you register for our “Subscribers” services, you must use your own identity and personal information to sign up. Any impersonation is prohibited. Company reserves the right to make inquires concerning your identity. You agree not to create multiple accounts for any reason.
Intellectual Property Rights
Copyright 2011, Manic Managed Mom, LLC. All rights reserved.
All Content and the design, selection, and arrangement thereof, except for the Submissions or third party materials, in any medium on this website are owned by Company or its suppliers or vendors, and is or may be protected by state, federal, or international law. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Company appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Company or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.
Use of this Site
You may download and/or print one (1) copy of this website solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the website or its materials without the prior written consent of Company.
No Liability
In no event will Company or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this website or any linked website or to any Submission, any third party materials , or any material, information, data, products, or services obtained through this website, or otherwise arising out of your use of this website, your inability to use this website or any decision made or action taken by you in reliance of any information, advice or materials provided on this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Company has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the website.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.
No Warranty
Company makes all commercially reasonable efforts to ensure that all Content on this website is accurate and reliable; however, accuracy cannot be guaranteed. This website is provided by Company on an “AS IS” basis. Company disclaims all warranties with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Company makes no warranty or representation regarding the results that may be obtained from use of this website, or use of Submissions, third party materials, or other material, information or data downloaded or otherwise obtained from this website, or regarding the accuracy or reliability of any information obtained from this website. Company does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this website, any Submissions, any third party materials, or any other material, information or data downloaded or otherwise obtained through use of this website or (2) that use of this website or any materials on this website will meet any users requirement by uninterrupted, timely, secure or error-free. Company has no responsibility for the timeliness, deletion, mistaken delivery or failure to store any user communication.
You acknowledge and agree (1) that your use of this website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred. Company does not warrant or guarantee that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. None of the parties involved in creating, producing, or delivering this website or its content, including the Company, are liable to users of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are such parties in any way responsible for the conduct of users of this website or for information posted or exchanged on this website.
No advice or information, whether oral or written, obtained by you from Company or in any manner from this website creates any warranty.
Third-Party Websites
This website may link to, or be linked to, other websites not maintained by or related to Company. Such links are provided only as a service to our visitors. Company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated therein. Company has not reviewed all such websites and is not responsible for the corresponding content of such third-party websites, accuracy, or policies of any such websites. Your linking to any other pages or websites is at your own risk.
If you operate another website and are interested in linking to our website, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL “www.managedmoms.com” and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with our names and marks; (5) the link, and use thereof, may not create the false appearance that we sponsor or are associated with any third party; (6) the link, when activated by a user, must display this site full-screen and not with a “frame” on the linked website; and (7) we reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms and Conditions or through other notice.
Privacy Policy
By your access and use of this website, you hereby agree to the terms of the Company Privacy Policy https://managedmoms.com/privacy-policy/, which are incorporated into these Terms and Conditions by this reference.
Indemnification
You agree to indemnify, defend and hold harmless Company, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms and Conditions, including without limitation, your infringement of any intellectual property or other right of Company or any other person or entity.
Interpretation and Disputes
These Terms and Conditions are governed by the laws of the United States and the State of Arizona, without regard to any conflict of laws provisions. Venue is proper exclusively in Maricopa County, Arizona with respect to any dispute arising under these Terms and Conditions, unless otherwise specifically agreed by Company in its sole discretion. In the event of any dispute, the prevailing party is entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms and Conditions is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator will modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision will be severed and the remaining terms of these Terms and Conditions will be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.
Bulletin Boards, Chat Rooms and Other Interactive Areas
Company may provide messaging functionality, bulletin boards, chat rooms, media albums/folders and other interactive areas for its visitors to participate in. By accessing or using this website, you agree to abide by the following guidelines for use of the bulletin boards, chat rooms and other interactive areas of this site:
1. You must maintain a polite, pleasant environment. Comments that harass, abuse or threaten others are prohibited. You may not criticize other individual users or Company or any of its affiliates.
2. You must ensure that all comments are appropriate to all people. Any Submission that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.
3. You must keep your comments relevant to the stated topic.
4. Any conduct that in Company’s sole discretion restricts others from using or enjoying the web site is prohibited.
5. You may not advertise a business or service.
6. Copyrighted material may only be posted with permission of the author.
7. Harvesting or collecting information about others, including e-mail addresses is prohibited.
8. You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or to engage in, facilitate or encourage any illegal activities.
All users of this website must also follow any other guidelines or rules provided or posted on this website. A failure to comply with any of these guidelines or rules, or any of the other provisions of these Terms and Conditions, will result in, among other possible action, the immediate termination of all Subscribership and privileges to post submissions to the website. Please report any violations of these guidelines to Company, as provided for in the “Contacting Us” paragraph of these Terms and Conditions.
You and other users of the Company bulletin boards, chat rooms and other interactive areas are solely responsible for the Submissions and consequences of the messages you communicate or post on this site. You should exercise the utmost discretion before providing any personal information on this site. Although Company is not obligated to monitor Submissions or the accuracy of its information, you acknowledge and agree that Company, in its sole discretion, has the right to monitor, without notice, any such Submission or information posted on this site. Company also reserves the right, in its sole and absolute discretion, to prohibit any conduct or remove any Submission, without notice, for any reason, and to revoke any user’s Subscribership, for any reason.
Termination
Company may terminate access to the website for any reason or no reason, at any time, with or without notice. Termination of your account includes disabling your access to the website, and privileges to post Submissions to the website, and may also bar you from any future use of the website.
All users of this website must also follow any other guidelines or rules posted on this website. A failure to comply with any of these guidelines or rules, or any of the other provisions of these Terms and Conditions, will result in, among other possible action, the immediate termination of all Subscribership and privileges to post Submissions to the website.
“Subscriber” accounts immediately terminates upon termination or death of the respective Subscriber.
Please report any violations of these guidelines to Company, as provided for in the “Contacting Us” paragraph of these Terms and Conditions.
Third-Party Intellectual Property Rights
Company respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide Company the following information, in the form prescribed by Section 512 of Title 17, United States Code:
1. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. a description of the copyrighted work or works that you claim have been infringed;
3. a description of the allegedly infringing material, including its location on the site;
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Company’s Copyright Agent for notice of claims of copyright infringement on its site is:
Manic Managed Mom, LLC
PMB C-17
1334 E. Chandler Blvd.
Suite 5
Phoenix, AZ 85048
You understand and agree that: (1) Company assumes no liability or responsibility for any Submissions posted on any interactive area on the site (including without limitation any bulletin boards, chat rooms, surveys on the site) by you or by any other users or third parties and (2) Company is a publisher of any such Submission, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.
Promotion of a Product or Service
The views and opinions, including opinions promoting a product or service, expressed on the blog or chat room portions of this website are purely that of the respective authors. Any product claim, statistic, fact, or quote or other representation about a product or service should be verified with the manufacturer or provider and we are not responsible for any such claims, Submissions or other related third party material associated with such third party products.
Entire Agreement
By your access or use of this website, you hereby agree to these Terms and Conditions. These Terms and Conditions, together with the Company Privacy Policy, constitute the entire agreement between you and Company with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Company. These Terms and Conditions will inure to the benefit of Company’s successors and assigns.
Electronic Communications
You acknowledge that these Terms and Conditions are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms and Conditions and any other documentation, agreements, notices or communications between you and Company may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.
Contacting Us
If you have any other questions or concerns regarding these Terms and Conditions, please contact us at:
Manic Managed Mom, LLC
PMB C-17
1334 E. Chandler Blvd.
Suite 5
Phoenix, AZ 85048
