Terms & Conditions
Effective
Date: Jan 01, 2012
PLEASE CHECK THIS PAGE FREQUENTLY FOR
UPDATES. THE CURRENT VERSION OF THESE TERMS AND CONDITIONS APPLY EACH
TIME YOU USE THE SITE.
PLEASE READ THIS DOCUMENT CAREFULLY.
IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND
OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO
YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
Terms of Use
This web site (the "Site"), and all information
provided by MamaOnABudget or its affiliates (collectively, "
mamaonabudget.com") through this Site (collectively, the
"Services"), are offered to you on the condition that you
accept without modification the following terms, conditions and
notices. Your use of this Site, the Services or of any information
provided by MamaOnABudget as a result of your use of this Site
constitutes your agreement to all of the following terms, conditions
and notices. In order to access this Site and the Services, you must
agree to these Terms of Use. Please read these Terms of Use
carefully.
MamaOnABudget has established the following Terms of Use to outline the rights and responsibilities of users of our Site and the Services. Our policies are designed to ensure that all users have a safe and productive experience. MamaOnABudget may update and change these Terms of Use from time to time without notice to you. You are responsible for periodically reviewing these Terms of Use to make sure you are still in agreement to abide by them. By using or accessing the Site or the Services or engaging in any of the activities described in these Terms of Use after changes have been made to the Site, Services or these Terms of Use, you are agreeing to accept those changes.
Authority
You agree that you have the legal right and ability to agree to
these Terms of Use and that you will use the Site and the Services in
a manner consistent with these Terms of Use
Your Conduct
You agree to use the Site and the Services only for lawful
purposes. MamaOnABudget reserves the right to prohibit access to
those individuals whom MamaOnABudget determines are restricting or
inhibiting any other user from using or enjoying the Site, or whose
conduct would constitute a criminal offense, give rise to civil
liability, or otherwise violate any applicable local, state,
national, or international law or regulation. Please note that
unauthorized entry (commonly referred to as hacking) into any portion
of the Services or the Site may constitute a crime under state or
federal law. MamaOnABudget will prosecute these violations to the
fullest extent permitted by law.
UPON YOUR CREATION OR ATTEMPTED CREATION OF AN ACCOUNT IN THE MamaOnABudget PROGRAM AS DESCRIBED HEREIN, YOU AGREE TO THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, OR IF ANY OR ALL OF THE FOLLOWING ARE PROHIBITED WITHIN YOUR JURISDICTION, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE, THE PRODUCTS, OR ANY INFORMATION CONTAINED ON THIS WEB SITE. YOUR ACCESS TO AND USE OF THIS WEB SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY, AND UNDERSTANDING OF EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.
Changes;
Terminations
MamaOnABudget and its suppliers or vendors may
change or modify the Site or Services at any time without notice to
you. MamaOnABudget, in its sole discretion, reserves the right to
terminate your use of this Site or the Services at any time and
without notice to you.
E-mail
Communications
MamaOnABudget, through the Services, may
contact you by e-mail to: respond to any questions you may send us,
send you e-mail communications about information we think you will
find useful--including announcements about new products and services
at the Site, or communicate other information as necessary to
administer the Site and its Services.
You may unsubscribe at anytime by clicking on the Unsubscribe Link at unsubscribe.mamaonabudget.com. You may also email info@mamaonabudget.com with your request or mail it to MamaOnABudget 6300 Sage Meadow Dr., Park City, UT 84098.
PLEASE NOTE THAT WHEN YOU CONTACT US BY E-MAIL, SUCH COMMUNICATION MAY NOT BE ENTIRELY SECURE BECAUSE IT TRAVELS OVER UNSECURE COMMUNICATION LINES. AS A RESULT, YOU SHOULD NOT PROVIDE US WITH CONFIDENTIAL OR PERSONAL INFORMATION VIA E-MAIL.
Protecting Your
Information
MamaOnABudget is not responsible for the security
of your internet access services provider; you should review the
security and privacy policies of your internet access services
provider carefully. Moreover, if others have access to your computer,
handheld device, or your user ID and password, they may be able to
access information you have retrieved from the Services.
MamaOnABudget is not responsible for the security or privacy of
information communicated to or from such a computer. Finally, you
should keep any correspondence you receive relating to the Services
(including, but not limited to, your user ID, passwords, other
registration information, e-mails, order information, or any other
information) confidential and in a safe place.
Links to Other
Web Sites
The Site or the Services may provide links to other
web sites that we think might be of interest to our users. Inclusion
of these links is not intended to reflect the importance of these
other sites or to endorse any of the views expressed in, or products
or services offered by these other sites.
Please note that when you click on one of these links, you may be moving to another company's web site. MamaOnABudget cannot control the activities of any such company. We encourage you to read the terms of use and privacy statements of these linked sites as their policies may differ from ours. You access and use these and any other sites, including the information, services, products, materials or any other resources contained on them, solely at your own risk.
MamaOnABudget CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THIS SITE OR THE SERVICES.
You acknowledge and agree that the limitations set forth above are fundamental elements of your agreement with MamaOnABudget and the Site and the Services would not be provided to you without such limitations.
THE INFORMATION PROVIDED IN THIS SITE OR THE SERVICES DOES NOT CONSTITUTE FINANCIAL, LEGAL OR MEDICAL ADVICE. MamaOnABudget MAKES NO REPRESENTATION REGARDING THE ACCURACY OR IMPORTANCE OF ANY INFORMATION REFERENCED HEREIN. INFORMATION RECEIVED VIA THIS SITE, THE SERVICES OR ANY NEWSLETTER SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Medical and pharmaceutical information on this site is provided for educational purposes only and is not intended as a substitute for professional medical advice. This site does not address all possible uses, actions, precautions, side effects, or interactions of drugs, nor does it provide comprehensive information concerning any particular disease or medical condition. MamaOnABudget recommends that all individuals consult with a physician before following the recommendations of any content provided on this site. If you have any questions about the risks or benefits of taking a particular drug or about a specific health condition, you should consult a physician. You should never disregard, avoid or delay obtaining medical advice from a licensed practitioner because of something that was read on this Site.
Your use of this Site and the Services is also subject to all additional disclaimers and caveats that may appear throughout the Site or Services.
Indemnification
You agree to indemnify and hold MamaOnABudget and its information
providers harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
content you submit, post to or transmit to MamaOnABudget through the
Services, your use of the Site or the Services, your connection to
the Site, your violation of the Terms of Use, or your violation of
any rights of another user.
Severability
If a court determines that any one Term of Use is illegal or
unenforceable, then such term will be eliminated and the remaining
Terms of Use will remain in force and effect.
WARRANTIES
YOU EXPRESSLY AGREE
THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE
MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR
OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH THE PROGRAM OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM.
LIMITATION
OF LIABILITY
TO THE FULLEST
EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT MAMAONABUDGET,
INCLUDING MamaOnABudget MARKETING'S PARTNERS, OFFICERS, DIRECTORS,
AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS, AND
THEIR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING
WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, EXPENSES, AND COURT
COSTS) RESULTING FROM YOUR BREACH OF THIS AGREEMENT, YOUR OMISSIONS,
YOUR FAILURE TO ABIDE BY ALL APPLICABLE LAWS, RULES, OR REGULATIONS,
OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO
USE THE WEB SITE, PROGRAM, PRODUCTS, ACCOUNT, MEMBERSHIP BENEFITS,
CONTENT OR SOFTWARE, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO
USE, OR RELIANCE UPON ANY LINKED WEB SITE, EVEN IF MAMAONABUDGET, OR
ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE
EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS;
FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY
SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF,
NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON MAMAONABUDGET,
THEN YOU AGREE THAT MAMAONABUDGET TOTAL LIABILITY FOR ANY OR ALL YOUR
LOSSES OR INJURIES FROM MAMAONABUDGET ACTS OR OMISSIONS, REGARDLESS
OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIMS ALLEGEDLY VIOLATED,
SHALL NOT EXCEED $100.
GOVERNING LAW AND OTHER TERMS.
California Law and Jurisdiction. ANY ACTION RELATED TO
THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF
CALIFORNIA, WITHOUT REGARD TO CONFLICT OF LAWS RULES. Any action
relating to this Agreement as permitted following the Mandatory
Arbitration described above shall be brought in the state or federal
courts located in Los Angeles County, California, and You hereby
submit to the exclusive jurisdiction and venue thereof. You agree to
comply with the laws of the State of California and the United States
of America that apply to the use of the Program and the compensation
You may receive. If the law of Your residence prohibits or limits
Your participation in the Program, then You are responsible for
complying with such laws and You agree to indemnify Us against any
breach or violation.
Other Documents. This Agreement
may NOT be altered, supplemented, or amended by the use of any other
document(s) unless otherwise agreed to in a written agreement signed
by both MamaOnABudget and You.
SECURITY.
Standard
Procedures. To prevent unauthorized access, maintain data
accuracy, and ensure the correct use of information, We have used
appropriate industry standard procedures to protect the
confidentiality of Your personal information, such as firewall,
encryption, application proxies, monitoring technology, and adaptive
analysis of network traffic to track abuse of Our network and its
data. However, no data transmitted over the Internet can be
completely secure. As a result, while We strive to protect Your
personal information, We cannot guarantee the security of any
information that You transmit to Us or from Our sponsors and You do
so at Your own risk.
No Tampering. You agree not to
tamper with the proper functioning and tracking of the Web Site or
Program. Emulating or "faking" search usage and Web Site
visits will lead to termination of Your account and may lead to legal
action.
Unauthorized Use. ANY UNAUTHORIZED USE OR
ENTRY INTO A MAMAONABUDGET.COM OR RELATED COMPANY-OWNED MARKETING
WEBSITES IS PUNISHABLE BY LAW, AND WILL BE PROSECUTED TO THE FULL
EXTENT OF THAT LAW.
ENTIRE AGREEMENT. This Agreement, MamaOnABudget’
Privacy Policy, and other terms, conditions and policies
MamaOnABudget may post on this Web Site constitute the entire
Agreement between You and Us in connection with the Program and
supersede all prior agreements between the parties regarding the
subject matter contained herein. This Agreement, the Privacy Policy,
and other terms, conditions and policies MamaOnABudget may post on
this Web Site shall be read to be mutually consistent wherever
possible. In the event of any conflict, this Agreement and the
Privacy Policy will control over the Web Site. No failure of either
party to exercise or enforce any of its rights under this Agreement
will act as a waiver of such rights.
Survival
In
the event of termination of your use of this Site or the Services,
the limitations on liability, disclaimers, and copyright and
trademark provisions shall survive.
CONTACTING US. If You have questions about the Program, any offer, Sponsor, Web Site or this Agreement, please contact info@mamaonabudget.com