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Terms of Use

These terms of use govern your viewing and use of any material visible on the web page located at the URL “www.urbanmommies.com” and all web pages with URLs which begin with that address (which are collectively referred to in these terms of use as the “Site”). These terms of use limit your rights, so please read them carefully before proceeding.

In these terms of use, any reference to “you” or “your” means you as the viewer or user of the Site, while any reference to “UrbanMommies.com” means the owners of the Site.

1. Modifications To Service Or Terms Of Service

1.1. UrbanMommies.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice. You agree that UrbanMommies.com is not liable to you or to any third party for any modification, suspension or discontinuance of the Site. Further, UrbanMommies.com reserves the right to change the terms of use or policies regarding the use of the Site at any time and to notify you by posting an updated version of the terms of use on the Site. You are responsible for regularly reviewing the terms of use, and continued use of the Site after any such changes will constitute your consent to be bound by such changes, with continued provision of access to the Site constituting consideration from UrbanMommies.com to you for so being bound.

2. Disclaimers and Limitations/Exclusions of Liability

2.1. While UrbanMommies.com tries to provide you with the best and most accurate information available, the Site is provided for your convenience and is not a substitute for professional advice or for further detailed research on matters that affect you. The information on the Site is provided for general understanding only. You acknowledge and agree that you use the Site and all information provided on it at your own risk, and that UrbanMommies.com is not liable to you for any direct, indirect, indirect, consequential, incidental, special, punitive, exemplary or any other monetary or other damages, fines, penalties, loss of revenue (or business) or liabilities arising out of or relating in any way to the Site or to any site accessed through the Site. You acknowledge and agree that your sole and exclusive remedy in relation to your experience relating to the Site is to stop viewing the Site.

2.2. Clicking on certain advertisements and links within the Site will take you from the Site to other web sites. UrbanMommies.com does not endorse any product or information available (directly or indirectly) through any such ad or link: the linked-to sites are not under the control of UrbanMommies.com and you acknowledge and agree UrbanMommies.com is not responsible or liable for their content.

2.3. UrbanMommies.com can not and does not warrant or guarantee that the Site or files downloaded from the Site are free of computer viruses, worms, Trojan horses or other code that contains contaminating or destructive properties; you are responsible for ensuring that you use appropriate anti-virus and other protective measures to prevent harm to your computer(s).

2.4. Without limiting the effect of section 2.2, to the fullest extent permitted by law, UrbanMommies.com disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of title, merchantability, non-infringement, and fitness for particular purpose, in relation to any products or services available on or through the Site.

3. Registration and Related Obligations

3.1. In order to access some of the aspects of the Site (for instance, the newsletter and/or the forum, when available), you will be asked to register. You agree to provide true, current, complete and accurate information as requested on the registration form to which the Site will direct you, and to update that registration information as soon as possible after any information on the registration form changes.

3.2. If the purpose(s) for your registration require them, you will be given a password and account name *number. You alone are responsible for keeping that password and account information confidential, and for any and all activity that occurs on the Site under your account. You agree to (a) immediately notify UrbanMommies.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You, and not UrbanMommies.com, will be liable for any costs, loss or damages arising from your failure to comply with this paragraph.

3.3. If you provide any registration information that is, or that UrbanMommies.com has reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, UrbanMommies.com has the right to refuse to create an account for you, or if an account has been created, to suspend or terminate your account and refuse any and all current or future use of the Site. These same rights of UrbanMommies.com hold true if you fail, or UrbanMommies.com has reasonable grounds to suspect you have failed, to update any such information within a reasonable time.

4. Privacy

4.1. UrbanMommies.com respects the privacy of its members, and observes this Privacy Policy, which is incorporated into and made a part of these terms of use.

5. Proprietary Rights

5.1. You acknowledge that the Site contains information, photographs, graphics, or other material, including advertisements, (collectively, “Content”) that are protected by or as copyrights, trademarks, service marks, trade secrets or other proprietary rights. The Site and its Content are the property of UrbanMommies.com or other persons who have contributed Content to the Site and are protected by U.S., Canadian and international copyright laws. While UrbanMommies.com makes the Content available to all users of this Site, UrbanMommies.com (or the persons who provided the Content to UrbanMommies.com) retains all copyright and related proprietary rights in the Content. Accordingly, without the express written permission of UrbanMommies.com (or the persons who provided the Content, as applicable), you agree not to:

  • copy or distribute the Content or any portion of it,
  • mirror or include the Content or any portion of it on your own server, internet web site or documents, or
  • modify or re-use any portion of the Content.

However, you may make a single copy of the Content for your own personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. UrbanMommies.com reserves all other rights in the Content, and title to the Content remains with UrbanMommies.com or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

5.2. In particular, “UrbanMommies.com”, and all UrbanMommies.com logo(s) are trade marks or service marks of UrbanMommies.com. Other product and company names and logos mentioned or appearing on the Site might be the trademarks or service marks of their respective owners.

5.3. With respect to all Content you elect to post to the Site, you grant UrbanMommies.com the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Further, you irrevocably waive all moral rights relating to such material.

6. Forum

6.1. From time to time, UrbanMommies.com may host a discussion forum on the Site. You acknowledge and agree that UrbanMommies.com is not responsible or liable for information posted on the discussion forum.

6.2. If you submit material to UrbanMommies.com or post on the discussion forum, you warrant that the information contained therein is truthful, does not violate the rights or property interests of others, and is not unlawful, threatening, defamatory, vulgar, obscene or otherwise objectionable.

6.3. You will not use the forum for solicitation, advertisement or promotion of any business or activity or for any illegal or unlawful purpose.

6.4. UrbanMommies.com reserves the right to investigate complaints that visitors may make about the Content on the Site or the discussion forum. UrbanMommies.com reserves the right to remove any Content from the Site, in its sole and absolute discretion, at any time and to terminate the privilege of any user to post on the forum or to participate in other UrbanMommies.com services if they misuse the posting privilege or violate other terms of use, or for any other reason. However, UrbanMommies.com has no obligation to monitor the Site, including the Forum, or to retain the content of any user session, nor to pre-screen any Content of the Site, and you acknowledge that UrbanMommies.com does not in fact pre-screen Content. However, UrbanMommies.com reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. Further, UrbanMommies.com has the right (but not the obligation) in its sole discretion to monitor Content and to refuse or move any Content that is available via the Site. Without limiting the previous sentence, UrbanMommies.com has the right to remove any Content that in its reasonable opinion violates the terms of use or is otherwise objectionable.

7. MEMBER CONDUCT

7.1. As a condition of your continued access to and use of the Site, you agree to abide by all applicable local, state, provincial, national, international and other laws and regulations, including, without limitation laws regarding the transmission of technical data or software exported from the United States. Without limiting the breadth of the preceding sentence, you agree not to:

  • harvest or otherwise collect or store information about others, including e-mail addresses, without their consent;
  • for the purpose of misleading others, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Site;
  • impersonate any person or entity, including, but not limited to, an UrbanMommies.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means;
  • upload, post, email or otherwise transmit any material that:
    1. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
    2. you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    3. infringes any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any party unless you own or control the rights thereto or have received all necessary consents;
    4. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or could be considered “stalking”; or
    5. contains any form of destructive software such as a virus, worm, trojan horse, time bomb, cancelbot, or any other harmful or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
  • harm minors in any way.

7.2. The Site is provided to individuals only and for personal use only. Any unauthorized commercial use of the Site, or the resale of its services, is expressly prohibited.

8. Intellectual Property Protection Policy

8.1. UrbanMommies.com respects the intellectual property of others and expects users of the Site to do the same. At its discretion and in appropriate circumstances, UrbanMommies.com may terminate the accounts of users or prevent access to the Site by users who infringe upon the intellectual property rights of others.

8.2. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify UrbanMommies.com by providing UrbanMommies.com’s copyright agent with the following information:

  • the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
  • a description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
  • identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
  • identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow UrbanMommies.com to locate the material;
  • your name, address, telephone number, and email address;
  • 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
  • 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 are authorized to act on the copyright owner’s behalf.
  • Our agent for notice of claims of copyright infringement on this site can be reached as follows:By mail: Box 94002
    6655 Royal Avenue
    West Vancouver, BC V7W 2B8

    By email: copyright@urbanmommies.com

9.1. On receipt of a complaint, UrbanMommies.com may make the material or files in question unavailable until the review has been completed. UrbanMommies.com will also:

  • conduct an internal review to determine the nature and location of the content or abuse, and, where warranted,
  • consult with legal counsel and/or outside authorities, and/or;
  • notify the alleged infringer of the complaint, with a request for a response within seven days and, if no response is received within that time, may destroy or delete offending Content.

10. Termination

10.1. You agree that UrbanMommies.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, lack of use or if UrbanMommies.com believes that you have violated or acted inconsistently with the letter or spirit of the terms of Use or Privacy Policy. UrbanMommies.com may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this terms of use may be effected without prior notice, and acknowledge and agree that UrbanMommies.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that UrbanMommies.com will not be liable to you or any third-party for any termination of your access to the Site.

11. Indemnity

11.1. Despite and in addition to any other requirements under these terms of use that you make any payments to any party as a result of the use of your password or account, you agree to indemnify and hold harmless UrbanMommies.com, its members, officers, employees, agents, and licensors from and against all losses, expenses, damages, claims, fines, penalties and costs, including reasonable legal and accounting fees, resulting from any alleged violation of these terms of use or the Site’s Privacy Policy or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account).

12. Choice Of Law And Forum

12.1. This Agreement will be governed by and construed in accordance with the laws of the province of British Columbia, Canada and the laws of Canada applicable therein without giving effect to any principles of conflicts of law. You expressly agree that the courts located in Vancouver, British Columbia (and the courts of appeal therefrom) will have exclusive jurisdiction to hear and decide any and all actions of any kind arising in relation to any action arising out of or relating to the Site of these terms of use, and you irrevocably consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

13. Integration, Severability, And Waiver

13.1. 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 UrbanMommies.com representatives and you. If any provision of these Terms of Use is found to be invalid or unenforceable, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect but for the invalid portion(s). No waiver of any of these terms of use will be deemed a further or continuing waiver of such term or condition or any other term or condition.

14. Notice

14.1. Notices to you may be made via e-mail or regular mail, or in cases of changes to these terms of use or to the services offered by the Site, by posting modified terms of use on the Site, as described above, and otherwise by posting notices or links to such notices on the Site itself.