Mothers
of Military Support (MOMS) and www.mothersofmilitarysupport.org
(MOMS aka, www.momsservices.org)
TERMS OF SERVICE AGREEMENT
Terms and Conditions of Use
Welcome to (MOMS) ("Service"), an
online service of Mothers of Military Support and www.momservices.org ("MOMS"). Your use of the Service will be subject to the terms of
this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of
service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE
TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.
Participation and Conduct
During the
term of this Agreement,("MOMS") grants to you a terminable at will non-exclusive license to use and
display the Service, and to download materials available through the Service, all solely
for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or
re-sell the rights granted under this license. You may not link to our site if you sell
ads on your site or you charge a subscription fee to use or access your site. No deep
linking directly to articles is permitted if you sell ads on your site or you charge a
subscription fee to use or access your site. Any use in violation of these limits shall
constitute a violation of the terms of this license. Absolutely no framing of our site is
permitted.
You may
participate in any forums or messaging threads offered through the Service, but you agree
not to post any material the content of which (i) is defamatory, libelous, obscene,
indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes
the copyright, trademark right, or other intellectual property right of any third party.
You will be solely responsible for all content that you post on the Service.
You agree to
indemnify ("MOMS")
and its officers and employees from and against all liabilities, judgments, damages, and
costs (including attorney's fees) incurred by any of them which arise out of or are
related to the content that you post. Forums and messaging are intended only for the
personal use of subscribers, and may not be used for commercial purposes or for organized
political activity.
("MOMS")
reserves the right to monitor content posted on the Service, and to modify or remove any
messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in
violation of the copyright, trademark right, or other intellectual property right of any
third party, or otherwise inappropriate for the Service. ("MOMS") also reserves
the right to edit or modify any submissions in response to requests for feedback, Letters
to the Editor, or other commentary. Notwithstanding the foregoing, ("MOMS") is
not obligated to take any such actions, and will not be responsible or liable for content
posted by any subscriber in any forum, message board, or other area within the Service.
Copyright and Trademarks
The Service is the
personal property of ("MOMS"). ("MOMS")retains the right to bar any
individual or entity from the Service. Accessing the Service after being barred shall
constitute an act of trespass. The Service and all materials published therein, including
but not limited to articles, graphical images, interactive applications, audio clips, and
video clips (collectively, the "Content"), are protected by copyright and are
owned by("MOMS"). or its licensors. You may not modify the Content or
re-publish, re-transmit, or otherwise distribute directly or via links any Content to any
third person except for your personal, non-commercial use, as permitted by the license
granted above. It is understood that some of the content appearing on the site is news and
as such releases are not obtained from individuals or entities for the use of the name,
likeness, or trademarks. It is your sole obligation to a) determine if your uses require
releases or permission, and b) to obtain the necessary releases.
("MOMS")
and their respective logos are trademarks of ("MOMS"). All other trademarks on
the Service are the property of their respective holders.
DISCLAIMER OF PRODUCT LIABILITY
("MOMS")
PURCHASES PRODUCTS AND SERVICES FROM WHOLESALE PROVIDERS ("MOMS") MAKES NO
WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO THE INFORMATION,
PRODUCTS OR SERVICES PROVIDED BY ANY INDEPENDENT WHOLESALE PROVIDER. ("MOMS")
DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE
GOODS AND SERVICES MADE AVAILABLE BY ANY WHOLESALE PROVIDER.
("MOMS")
WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES SUFFERED, INCLUDING, BUT NOT WITHOUT LIMITATION, DAMAGES CAUSED BY
FAILURE OF PERFORMANCE, NEGLIGENCE, DISASTER OR UNDER ANY CAUSE OF ACTION. NO INFORMATION,
PRODUCT OR SERVICE PROVIDED BY ANY WHOLESALE PROVIDER IS GUARANTEED BY ("MOMS"),
AND ("MOMS") DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OF ANY DATA PROVIDED BY
AN INDEPENDENT WHOLESALE PROVIDER.
THIS DISCLAIMER OF
LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
BANKRUPTCY, DISASTER, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT("MOMS") IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF WHOLESALE PROVIDERS OR THIRD PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to hold
("MOMS") harmless from any claims and expenses, including reasonable attorney's
fees and court costs, related to this Agreement, including the Terms of Service.
This Agreement
constitutes the entire agreement between the parties with respect to the subject matter
contained herein and supersedes all previous and contemporaneous agreements, proposals and
communications, written or oral between ("MOMS") representatives and you.
("MOMS") may amend or modify this Agreement or impose new conditions at any
time.
This Agreement shall be construed
and controlled by the laws of the State of Washington. Further, any dispute arising from
the terms of this agreement or a breach of this Agreement will be governed by the laws of
the State of Washington. Customer agrees to personal jurisdiction by the state and federal
courts sitting in the State of Washington.
Permissions
All requests for
licensing, reprints, linking and other usage of material on (MOMS) should be addressed to permissions@momsservices.org .
We will review your request, and provide you with an approval or rejection as soon as we
have evaluated the request.
We will attempt to approve or disapprove within 24 hours of each request.
Exclusions
of Warranty and Liability
THE
SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE
PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED
WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ("MOMS") DOES NOT WARRANT
THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU
DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. ("MOMS") IS NOT RESPONSIBLE FOR
THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND("MOMS") DOES
NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED.("MOMS") DOES NOT
WARRANT THAT THE CONTENT OF ITS STORIES WILL BE ERROR FREE.
("MOMS")
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF
USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS;
LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR
INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN
IF ("MOMS") HAS BEEN
ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL ("MOMS")
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $100.
SOME STATES DO NOT
ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices
("MOMS")
may give notice to you through general posting on the Service, through postal
notification, or through E-mail notification, in its sole discretion. You may give notice
to ("MOMS") via E-mail at feedback@momsservices.org
, by postal mail Mothers of Military Support 1105 D 15th Ave #111 Longview, WA
98632 Phone:360-578-0908 Office
"MOMS")
reserves the right, in its sole discretion, to restrict or block the access of any
subscriber to the Service, or any section thereof.
General
Any failure by
("MOMS") to enforce any provision of this Agreement shall not be construed as a
continuing waiver of any rights under such provision. In the event that any portion of
this Agreement is held unenforceable, the remaining provisions of the Agreement shall
remain in full force and effect.
Indemnity
In the event you
breach the terms of this license, or if, any claims are made against ("MOMS")
(its employees, officers or directors resulting from your actions) you shall be liable to
("MOMS") for all damages, costs, judgments, expenses (including reasonable
attorney fees) which it incurs.
This Agreement
shall be governed by and construed in accordance with the laws of the State of Washington,
as applied to contracts entered into and performed within Nevada. You agree to grant
jurisdiction over yourself to the courts of Washington and designate it as the forum for
resolution of all disputes arising under this Agreement.
This Agreement
states the entire agreement between the parties with respect to the Service, and all prior
or contemporaneous agreements are merged herein and superseded hereby.
Privacy
Policy
