The website located at https://mommyjhomemade.easy.co/ (the "Site") is a copyrighted work belonging to MommyJ Homemade ("MommyJ", "Company", "us", "our", and "we"). Company markets, sells and delivers packaged foods directly to customers via post. Certain features of the Services or Site may be subject to additional guidelines, terms, conditions or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
1.1 Account Creation. In order to use certain features of the Site (e.g., to use the Services), you must register for an account with MommyJ Homemade ("Company Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is complete, truthful and accurate; (b) you will maintain the accuracy of such information as such may change from time to time. You may delete your MommyJ Homemade Account at any time, for any reason, by following the instructions on the Site. MommyJ Homemade may suspend or terminate your MommyJ Homemade Account in accordance with Section 9.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your MommyJ Homemade Account login information and are fully responsible for all activities that occur under your MommyJ Homemade Account. You agree to immediately notify MommyJ Homemade of any unauthorized use, or suspected unauthorized use of your MommyJ Homemade Account or any other breach of security. MommyJ Homemade cannot and will not be liable for any unauthorized use of your MommyJ Homemade Account or loss or damage arising from your failure to comply with the above requirements.
1.3 Promotional emails. As a member, you agree to receive newsletters and promotional emails including third party offers.
2. Payment Terms
2.1 Ordering Services. You may order any of the Services offered (including without limitation ongoing, a la carte or gift) by following the directions on the Site. If you order recurring delivery Service, your subscription to the Service will automatically renew every payment cycle until you cancel your Service. If you order additional products for a particular month, you need to pre-payment for those products or else it won't be delivered. MommyJ Homemade may change the pricing for any portion of the Services (from time to time in its sole discretion) by updating the Site and without any additional notice to you, provided that any changes to the subscription portion of the Services will not take effect until your subscription renews. MommyJ Homemade may periodically send you token gifts at no additional cost to you.
2.2 Payment Terms. If you order Services, you agree to pay the then-current applicable Service fee or price per product and any applicable shipping charges all as listed on the Site. For ongoing subscription delivery Service, MommyJ Homemade will automatically bill your credit card submitted in ordering the Service on the date the Service is activated, and each month / each payment cycle thereafter, until you cancel your Service. If you choose to cancel your service, you must notify the MommyJ Homemade at least 5 days before your next billing date. Payments are generally non-refundable (including without limitation those for multi-term plans (i.e. 3 month, 6 month, 12 month); provided that if you are dissatisfied with a product or products for any reason, we will refund the cost of that product or products to you so long as you contact Customer Service by email within thirty (30) days after delivery of the product(s) to the delivery address on your account. You hereby authorize MommyJ Homemade to bill your credit card as described above. Fees are not inclusive of all taxes, levies, or duties imposed by taxing authorities. If there are tax applicable for your country, we will impose it at checkout. If any fee cannot be charged to your credit card for any reason, MommyJ Homemade may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then MommyJ Homemade may immediately terminate the applicable Service.
2.3 Title and Risk of Loss. All items purchased from MommyJ Homemadeare made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
3.1 License. Subject to the terms of this Agreement, MommyJ Homemade grants you a limited, non-transferable, non-assignable, non-exclusive, revocable, license to use the Site and Services for your personal, noncommercial use.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. Please see the Acceptable Use Policy in Section 4.3 below [Link "Acceptable Use Policy" to section 4.3].
3.3 Modification. MommyJ Homemade reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that MommyJ Homemade will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof, except and if otherwise expressly set forth in Section 9.
3.4 No Support or Maintenance. You acknowledge and agree that MommyJ Homemade will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
3.5 Ownership. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by MommyJ Homemade or MommyJ Homemade's licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. MommyJ Homemade and its suppliers reserve all rights not granted in this Agreement.
4. User Content
4.1 User Content. "User Content" means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by MommyJ Homemade. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. MommyJ Homemade is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
4.2 Contributions. By submitting suggestions or other feedback regarding our Services ("Contributions") in any way to MommyJ Homemade, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) MommyJ Homemade is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) MommyJ Homemade shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) MommyJ Homemade may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to MommyJ Homemade rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from MommyJ Homemade under any circumstances.
4.3 Acceptable Use Policy. When using the Services, you agree to the "Acceptable Use Policy" below. Specifically, you agree to:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by the Company concerning the Services; and
- Use the Services in a responsible manner.
Additionally, you agree not to:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the Site;
- Harass, abuse or harm another person, including sending unwelcomed communications to others using the Services;
- Use or attempt to use another's account without authorization;
- Upload, post, transmit or otherwise make available or initiate any content that Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
- infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation; or Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Company or any user of the Services.
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, display, sell, rebrand, or otherwise transfer information found on the site (excluding content posted by you) except as expressly authorized by Company;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Service, or any part thereof;
- Utilize or copy information, content or any data you view on or obtain from MommyJ Homemade to provide any service that is competitive, in Company's sole discretion, with Company;
- Rent, lease, loan, trade, sell/re-sell access to Company or any information therein, or the equivalent, in whole or part;
- Remove any copyright, trademark or other proprietary rights notices contained in or on any Company website, including those of the Company and any of its licensors;
- Remove, cover or otherwise obscure any form of advertisement on the site;
- Infringe or use Company's brand, logos or trademarks except as expressly permitted by Company;
- Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site;
- Engage in "framing," "mirroring," or otherwise simulating the appearance or function of Company's website;
- Attempt to or actually override any security component included in the Service or underlying Company;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Company's infrastructure.
5. Indemnity. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Third Party Sites & Ads; Other Users
6.1 Third Party Sites & Ads. The Site might contain links to third party websites, services, and advertisements for third parties (collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under the control of Company and Company is not responsible for any Third Party Sites & Ads. Company provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
6.2 Other Users. Each Site or Service user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
6.3 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third Party Sites & Ads.
THE SITE AND SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation on Liability
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Company Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Company Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Company Account involves deletion of your User Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Company Account or deletion of your User Content. Notwithstanding anything to the contrary, if Company terminates this Agreement other than due to your violation of this Agreement or discontinues the Service, Company will provide you a pro-rata refund of your last monthly payment for any pre-paid but unused Services (if applicable). Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.5, 4 - 9.