Last Revised November 15, 2016
Welcome to MamaWell!
These Terms of Service (“Terms” or “Agreement”) is a legal agreement between MamaWell (“MamaWell”, “we”, “us”, or “our”) and the person (“User”, “you”, or “your”) who uses this Website (“Site”). Please read the following carefully, as the Agreement governs your use of the Site.
Modifications to the Terms of Service
MamaWell, in its sole and absolute discretion, may make changes or modifications to the Site or to this Agreement (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) MamaWell may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, MamaWell may occasionally notify you of upcoming changes or modifications to this Agreement by email.
This Site is available only to Users who can form legally binding contracts under applicable law. By using this Site, you represent and warrant that you are at least eighteen (18) years of age.
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or Personal information, as described below) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
Your Use of the Site
MamaWell’s community, like any community, functions best when its Users follow a few simple rules. By accessing and/or using the Site, you agree to comply with these community guidelines and that: Your use of the Site including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; you will not impersonate another User or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, nor will you collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent; you will not use this Site in a manner (as determined by MamaWell in its sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable;. you will not use this Site for hate speech, hate crimes or violence; You will not use this Site to send spam or other unsolicited bulk email, for computer or network hacking or cracking, or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site; you will not copy or distribute in any medium any part of the Site, except where expressly authorized by MamaWell; you will not access MamaWell Content or User Content (as those terms are defined below) through any technology or means other than through this Site itself, or as MamaWell may designate; you will not use this Site for any commercial use without MamaWell’s express prior written consent; and you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
MamaWell reserves the right to modify, change, or discontinue any aspect of this Site at any time.
Promotions, Sweepstakes and Contests
MamaWell or certain advertisers, affiliates, content providers, or other third party partners to this Site, may elect to conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on this Site. Each such Promotion may have specific rules and regulations which will be made available to users and which shall be deemed incorporated in and become a part of this Agreement. By participating in any Promotion, you are deemed to have accepted the rules and regulations for that Promotion, and to have agreed to abide and be bound by them.
The content on this Site, including without limitation the text (such as the articles found on our blog or in our email newsletter), software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“MamaWell Content”), are owned by or licensed to MamaWell in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. MamaWell Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of MamaWell. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. MamaWell reserves all rights not expressly granted in and to MamaWell Content and this Site, and this Agreement does not transfer ownership of any of these rights.
If you violate any part of this Agreement, your permission to access and/or use MamaWell Content and the Site, automatically terminates and you must immediately destroy any copies you have made of MamaWell Content.
The trademarks, service marks, and logos of MamaWell (“MamaWell Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of MamaWell. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with MamaWell Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of MamaWell Trademarks inures to our benefit.
Neither you nor any third party shall make use of MamaWell Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.
Our Use of User Content
Some of the features of this Site may allow Users to view, post, publish or share their ideas, opinions, preferences or feedback (e.g., through a “like” or “comment” function) relating to MamaWell articles (“On-Site User Content”). We may also make available interactive services through third-party websites and third party social media platforms (“Third Party Platforms”) (e.g., MamaWell-designated hashtags, and comment or posting sections on MamaWell-related pages hosted on third party social media platforms) pursuant to which Users can post associated content (“Off-Site User Content,” together with On-Site User Content, “User Content”). By posting or publishing User Content to this Site or through our pages on Third Party Platforms, you represent and warrant to MamaWell that: (i) you have all necessary rights to distribute User Content, either because you are the sole author and owner of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content; and (ii) you do not violate the rights of any third party. You shall be solely responsible for any and all of your User Content and the consequences of, and requirements for, distributing it.
MamaWell has no obligation, either express or implied, to treat your User Content as confidential, to develop or use your User Content and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Content. You acknowledge and agree that MamaWell may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
If you post or publish your User Content to this Site, you authorize MamaWell to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site, the Third Party Platforms and this Agreement. Accordingly, you hereby grant MamaWell a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Third Party Platforms and MamaWell’s business, including without limitation for any Beta Features, promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.
Our Monitoring of User Content
MamaWell reserves the right, but has no obligation, to pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with this Agreement. MamaWell may remove any item of User Content (in the case of Off-Site User Content, remove any repost or publication of such Off-Site User Content from a Third Party Platform) and/or terminate a User’s access to this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by MamaWell in its sole and absolute discretion), at any time and without prior notice. If MamaWell terminates your access to this Site, MamaWell may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
When you communicate with MamaWell electronically, via email or otherwise, you consent to receive electronic communications from MamaWell. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by MamaWell satisfy any legal requirement that such communication be in writing.
With respect to all communications you make to or through the Site, including but not limited to feedback, questions, comments, and suggestions: (i) you shall have no right to confidentiality in your communications and MamaWell shall have no obligation to protect your communications from disclosure; (ii) MamaWell shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) MamaWell shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
It is MamaWell’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or Users; and (b) remove and discontinue service to repeat offenders.
If you believe your copyright is being infringed on the Site, you may submit a DMCA Notice of Copyright Infringement by providing a written communication containing the following:
- A description of the copyrighted work that you claim has been infringed;
- A description specifying the location on the Site of the material that you claim is infringing;
- Your email address and your mailing address and telephone number;
- 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;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature and the full legal name of the person authorized to act on behalf of the owner of the copyright interest.
Please submit this written communication to MamaWell’s Copyright Agent, with all items completed, by sending an email to Hello@MamaWell.com with the subject line: Notice of Copyright Infringement, or by mailing us at:
P.O Box 640215
San Francisco, CA 94164
Upon receipt of this written communication, MamaWell may make a good faith attempt to take reasonable steps to notify the User that MamaWell has received notice of an alleged violation of intellectual property rights or other violation.
Links to Third-Party Websites
This Site may contain links to third-party websites that are not owned or controlled by MamaWell. These links are provided solely as a convenience to you and do not constitute an endorsement by MamaWell of the content on such websites nor of the business practices of those operating those websites. MamaWell has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, MamaWell does not censor or edit the content of any third-party websites. By using this Site, you expressly release MamaWell from any and all liability arising from your use of any third-party website. Accordingly, MamaWell encourages you to be aware when you leave this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
MamaWell does not require you to create an account or share any personally identifiable information with us in order to use the site.
MamaWell does automatically collect some non-personally identifiable information. This information may include your IP address and geographic location, which is used to diagnosis problems and enhance our services based upon our user demographics. This information will not be connected to you or your individual computer.
Additionally, MamaWell allows third party partners (e.g Google) to place session cookies on your computer to collect non-personally identifiable information such as aggregate use statistics for internal evaluation of the site. No personally identifiable information is collected, and all data is deleted periodically.
MamaWell may have third-party advertising companies serve ads when you visit the Site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you.
Disclaimer of Warranties and Limitation of Liability
THE SITE AND ALL MamaWell CONTENT ARE AVAILABLE “AS IS.” MamaWell DOES NOT WARRANT THAT THE SITE OR ANY MamaWell CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR ANY MamaWell CONTENT.
Before participating in any practice, activity, routine or program that may be described and/or made accessible in or through Site, we strongly recommend that you consult with a physician or other healthcare provider. MamaWell is not a licensed medical care provider, therapist, psychiatrist, psychologist, counselor, first responder or any other kind of professional care provider (“Professional Care Provider”) and has no expertise in advising on, diagnosing, examining, or treating medical, psychological, emotional, or other conditions of any kind (“Conditions”), or in determining the effect of any specific practice, activity, routine or program on a medical condition or any other Condition. While some of MamaWell content providers may be Professional Care Providers, MamaWell and its content providers are not rendering professional advice of any kind to you personally, including without limitation, medical, psychological, emotional or other advice, counseling, therapy, treatment or coaching (“Professional Advice”), but are merely providing general education and information to you. You acknowledge and agree that when participating in activity, routine or program described in MamaWell Content, and/or when using any products or services described or provided in or through MamaWell Content, there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.
WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE SITE, MamaWell CONTENT OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE OR ANY MamaWell CONTENT. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE OR ANY MamaWell CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE OR ANY MamaWell CONTENT; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED ON THE SITE OR AVAILABLE THROUGH LINKS IN THE FOREGOING. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE. WE DO NOT GUARANTEE OR WARRANT THAT SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, MamaWell, its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors: (I) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE OR ANY Amble Magazine CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE FOREGOING DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
Limitation of Liability in Certain States
CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS ON WARRANTIES MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, in the County of San Francisco, in the State of California, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) to waive the right to trial by jury in any such action or proceeding that takes place relating to or arising out of this Agreement, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by binding arbitration governed by the Federal Arbitration Act and in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services (“JAMS”) then in force. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. The arbitration hearings and all meetings pursuant to this section shall be held in San Francisco County, in the State of California. If the parties cannot agree upon a single arbitrator within twenty (20) calendar days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in California and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by JAMS in California. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in California with knowledge of Internet commerce in California shall be selected by JAMS to resolve the dispute. The arbitrator(s) shall conduct a hearing within sixty (60) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within ten (10) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys’ fees or arbitrators’ fees under this section.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) 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. YOU AGREE THAT any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by MamaWell at ITS sole discretion.
Acquisition of Business
In the event that MamaWell is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Site, all data collected on this Site, and all rights of MamaWell and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, MamaWell will post a notice to such effect on this Site.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. This section and the sections entitled Intellectual Property, Indemnity, Disclaimer of Warranties and Limitation of Liability, Binding Arbitration and Class Action Waiver shall survive the termination of this Agreement. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement contains the entire agreement of the parties concerning the subject matter, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.
If you have any questions about this Agreement, please contact us via email at Hello@MamaWell.com or regular mail at the following address:
P.O Box 640215
San Francisco, CA 94164
Copyright © 2017 MamaWell. All Rights Reserved.