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Statement of Agreement

1.         Activation

 

By selecting the accept option, you acknowledge that you have read, understand and agree to be bound by the terms of this Service Agreement.

 

 

Statement of Agreement

 

 

 

This Service Agreement is a contract between you and us, [MOMMAS SAYINGS],

 

Please read this agreement carefully.  It contains important terms that affect you and your use of the Software and Service, you agree to be bound by the terms of this agreement, including the disclaimers.  If you do not agree to these terms, do not install, copy, or use the software or service.

 

 

 

Terms of Service

 

Last Updated: January 1, 2021

 

 

Contents

 

 

  •  1 INTRODUCTION

 

  • 2 SERVICE & ACCOUNT

 

  • 3 USER CONTENT

 

  • 4 ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

  • 5 PARTENTAL PERMISSION

 

  • 6 SITE MANAGEMENT

 

  • 7 COPYRIGHT INFRINGEMENTS

 

  • 8 INTELLECTUAL PROPERTY RIGHTS

 

  • 9 LICENSE

 

  • 10 PAYMENT & SERVICE

 

  • 11 BILLING ERRORS

 

  • 12 TERMINATION & SUSPENSION

 

  • 13 INTERRUPTIONS

 

  • 14 DISPUTE RESOLUTION

 

  • 15 THIRD PARTY CONTENT & ACCONTS

 

  • 16 BINDING ARBITRATION

 

  • 17 RESTRICTIONS

 

  • 18 DISCLAIMER OF WARRANTIES

 

  • 19 LIMITATIONS OF LIABILITY

 

  • 20 INDEMIFICATION

 

  • 21 ATTORNEY FEES

 

  • 22 MESCELLANEOUS

 

  • 23 PRIVACY POLICY

 

  • 24 CONTACT US

 

 

INTRODUCTION

 

 

These Terms of Use constitute a legally binding agreement made between you, whether personally or

 

on behalf of an entity (“you”) and Mommas Sayings (“Company”, “we”, “us”, “our”, “I”

Mommas Sayings), concerning your access to and use of the (mommassayings.com, .net or .org) as well

 

as any other media form, website or related, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use.

Mommas Sayings reserves the right to change or modify these Terms at any time and in our sole discretion.  By continuing to access or use the Sites or order, receive or use Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.

Please read the Terms of Use carefully before you start to use the Website.  By using the Website you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy.  If you do not want to agree to these Terms of Use or the Privacy Policy you must not access or use the Website.

The Site is intended for users who are at least 18 years old.  Persons under the age of 18 are not permitted to use or register for the Site.

 

 

SERVICE & ACCOUNTS

Company provides website for purchase of T-Shirts and other items with Logo and meaningful sayings printed on it.  Company additionally provides products such as outer clothing apparel, hats and bags which to display said items, to which the public may view.  These services and products are paid services based on listed prices.  You may be required to register with the Site.  You agree to keep your password confidential and will be responsible for all use of your personal information.

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; and (5) your use of the Site will not violate any applicable law or regulation.

We reserve the right to remove, reclaim, or change a username you select if we determine in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site for any portion thereof.

You agree that Memorial Mommas Sayings will not be liable for any loss or damage arising from your failure to comply with this provision.

 

USER CONTENT

Our Site or service may include features and areas which allow users to share or create content which includes but is not limited to the stories told, texts, code, or media (“User Content”).  As such, all users agree that by using our site they must abide by the following rules for posting content.

  • User Content may not contain any pornographic, obscene lewd or otherwise unlawful material.

  • User Content may not in any way constitute a violation of local, international, or state law.

  • User Content may not misrepresent, fraudulently depict, or depict claims not of your own.

  • User Content may not represent any promotions, solicitations, advertising or political campaigning.

  • User Content may not contain any corrupted data, virus, or harmful or data collecting file.

We may restrict any User Content in our sole discretion.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

You hereby agree to the use of electronic signatures contracts, orders, and other records, and you also agree to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby waive any rights or requirements under any statutes, regulations, rules, or dices, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.

 

PARENTAL PERMISSION

Children under the age of 18 are not permitted to use the Site.  Individuals under the age of 18 are not permitted to purchase any of the Services.

 

 

SITE MANAGEMENT

We have no obligation to monitor the site for violations of these terms.  We however reserve the right to take any legal action on anyone who breaches these terms at our sole discretion.  Furthermore; we reserve the right to restrict access to, limit availability of, disable, or otherwise manage the content of our website.  No provision in these terms shall restrict our ability to report users or share data with any law enforcement authority.

 

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others.  If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information below.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in an Email.  Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

 

INTELLECTUAL PROPERTY RIGHTS

The Site and program are are the intellectual property of the Company.  This includes all code, data, software video, audio, design, trademark, service mark, graphics, text, and any content (“content”) displayed on the company website.  This content is protect by copyright laws and completion laws of the U.S. and other foreign jurisdictions.  This content also provided for personal use only.  No content may be duplicated copied, republished, reproduced, sold, exploited, or used in any way without our express written consent.

We reserve all rights to all content used in our services.

 

LICENSE

By posting or sharing anything to any part of the Site or linking your account from the Site to any of your social networking accounts, you grant, represent and warrant that you have the right to grant, us an unrestricted, unlimited irrevocable, perpetual, non-exclusive, transferable royalty-free, worldwide right , and license to host , use, copy, reproduce, disclose, sell, resell, publish, broadcast, publicly display, and distribute such content for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such content, and grant and authorize sublicenses of the foregoing.  We are not responsible for any content provided by you to the Site.  You agree to hold company harmless for any content screen, change or otherwise delete any content you provided.

 

PAYMENT & SERVICES

You may purchase one or more of the services or products offered by the Company.  Your purchase will only give you access to the particular Company product for which you have paid.

  1.  The price and payment procedures are permanently accessible on the Website.

  2.  All prices stated include all relevant local taxes

  3.  We reserve the right to change the cost of any of our Services.

  4.  To the extent permitted by applicable laws and regulations, no refunds will be offered  

       (except in exceptional circumstances such as major service failures).

  5.  Mommas Sayings may use a domestic or an international third-party payment

       service, the latter of which could result in international transactions fees billed to your credit

       card, (collectively, the “Payment Service”), to collect payments for all fees.  You acknowledge

       and agree that Mommas Sayings is not liable for the Payment Service’s service,

       its Site or any acts or omissions of the Payment Service.      

 

BILLING ERRORS       

If you are not satisfied or believe there has been an error in billing, please contact Customer Support by emailing us at support@ mommassayings.com.

 

TERMINATION & SUSPENSION

These Terms of use shall remain in full force and effect while you use the Site.  Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation.  We may terminate your use or participation in the Site or delete your account and any content or information that you posted at any time, without warning in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.  In addition to terminating or suspending your account, we reserve the right to take appropriate legal action including without limitation pursuing civil, criminal, and injunctive redress.

 

INTERRUPTIONS

There may be interruptions of your service at times.  As such, we do not guarantee that the service will be available.  This may be caused by hardware, software, or other technical errors or delays.  We reserve the right to make any changes, repairs updates, or revisions to the Site or program.  You agree that company cannot be held liable for any loss or damager which arises from the interruption of the service.

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us or a third party (individually, a “Party and collectively, the “parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration.  Such informal negotiations commence upon written notice from one Party to the other Party.

 

THIRD PARTY CONTENT & ACCOUNTS

The Site may contain links to other websites (Third Party Content”).  We are not responsible for any Third Party Websites accessed through the Site or any Third Party Content contained in the Third Party Websites.

If you decide to leave the Site and access the Third Party Websites or to use you do so at your own risk.  You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services.

 

BINDING ARBITRATION

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.  YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.  The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and where appropriate, limited by the AAA Consumer Rules.  The arbitration may be conducted in person, through the submission of documents, by phone or online.  The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.  The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

In no event  shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose4.  If this provision is found to be illegal or une4nforceavble, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above and the Parties agree to submit to the personal jurisdiction of that court.

 

RESTRICTIONS

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually.  To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILAVBLE BASIS.  YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEROF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL  INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANUY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR  FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUITION WHERE APPROPRIATE.

 

 

 

LIMITATIONS OF LIABILITY

BY USING OUR SERVICE, OR ANY PORTION OF OUR WEBSITE, YOU AGREE IN NO EVENT OUR EMPLOYEES, DIRICTORS, OR AGENTS BE LIABLE TO YOU OR ANOTHER PARTY FOR ANY DAMAGE INCLUDING BY NOT LIMITED TO: LOSS OF REVENUE, SPECIAL PUNITIVE , CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR ANYOTHER DAMAGES ARISING FROM YOUR USE OF OUR SERVICES OR WEBSITE.

 

INDEMNIFICATION

You agree to, indemnify, defend and hold us harmless, affiliates, and all of our agents, directors and employees from any damage, claim, liability or demand, including expenses and attorney’s fees arising out of: (1) your use of services; (2) use of the Site; (3) breach of these Terms of Use; or (5) any illegal act.  We reserve the right to assume  exclusive defense and control of all matters which you indemnify us, and you agree to defend such claims.

 

ATTORNEY FEES

Any action or proceeding related to or arising from this agreement, in which company is a party and judgment is entered in against yourself, you shall be responsible for Memorial Moment Magazine attorneys’ fees and costs.

 

MISCELLANEOUS

This policy along with any other terms of use or rules posted by Company constitute the entire agreement between yourself and company.  If we fail to enforce or exercise any term, provision or right herein, it shall not operate as a waiver of such provision.

If any term or provision of this policy is found by a tribunal to be unenforceable or void, that provision shall not invalidate the entire agreement and shall be severable from this policy.  Such terms shall not affect the enforceability of the remaining agreement.

In the event that we assign our rights to another company, we shall not be liable for any loss or damage caused during the assigning.

PRIVACY POLICY

By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.  Further we do not knowingly accept, request, or solicit information from children or knowingly market to children.  Therefore, in accordance with the U.S. Children’s  Online Privacy Protection Act.  If we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

 

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at support@mommassayings.com

 

Email:  support@mommassayings.com

Address:  Remenice Enterprise, LLC . P O Box 185  Atco, NJ 08004

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