EVERYTHINGMOM.COM WEBSITE TERMS OF USE AGREEMENT
(the “Agreement”)

IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE BY HYPER-LINKING, BY TYPING IN WWW.EVERYTHINGMOM.COM, OR, BY CLICKING THE “I ACCEPT” BUTTON, BELOW, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.

This Website Terms of Use Agreement is an agreement between you (“You”) and EverythingMom.com (the “Company”). “We” and “Us” means both You and the Company. The effective date of this Agreement is when You accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement.

You hereby consent to the exchange of information and documents between Us electronically over the Internet or by e-mail, and agree that this electronic Agreement shall be the equivalent of a written paper agreement between Us.

1. OWNERSHIP AND COPYRIGHT.
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company, its licensors, third parties acting as Content providers, or its website advertising partners (collectively the Company’s “Website Partners”) as the case may be and all such Content is protected by copyright and belongs to those respective owners.

2. PERMITTED USE.
The Company hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content.

3. RESTRICTIONS ON USE.
You agree that You will not:

(i) distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system; or

(ii) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its Website Partners or allow any third-party to access the Content.

You also agree to comply with all laws applicable to Your use of this website. You also agree that You will not use this website in any way to:

(i) impersonate any person or entity; falsely state or misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content that You submit or transmit through this website;

(ii) interfere with, disrupt, or harm in any way this website or servers or networks connected to this website, or disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other website users’ ability to engage in real-time exchanges;

(iii) engage in any activities that would violate the personal privacy rights of others, including but not limited to electronically stalking or otherwise harassing another user of this website, or collecting and distributing information about other website users without their permission, except as permitted by applicable law; or

(iv) use this website in violation of any applicable laws or regulations, or any rules or guidelines established by the Company.

Furthermore, You agree that You will not submit, post, or otherwise make available to or through this website any Content, that:

(i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another’s privacy;

(ii) infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right;

(iii) contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs; or

(iv) includes any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings, or that You do not have the right to submit, post, disseminate, or transmit.

The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.

4. LICENSE TO USE YOUR INFORMATION.
You hereby grant to the Company the perpetual, unlimited, royalty-free, world wide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other content You provide on or through this website or which is sent to the Company by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by the Company in writing or required by law. You represent and warrant that you have the right to grant the license set out above.

The Company has no obligation to screen, edit, or remove any Content provided by You or other website users that is posted on or available through the website. However, the Company has the right (but not the obligation), in its sole discretion and for any reason, to screen, edit, refuse to accept, remove, or move any such Content.

5. PERSONAL INFORMATION
.
Subject to our Privacy Policy available at www.EverythingMom.com, and applicable Canadian Federal, Provincial, or Territorial privacy law, the Company may from time to time monitor your use of this website and collect, store, use and, provided that the Company does not disclose your identity in contravention of applicable law, may disclose to third parties personal information about You or your use of this website, and You hereby consent to such collection, storage, use and disclosure, and to the fullest extent possible waive any right of privacy You may have regarding that personal information. Please review the Privacy Policy before you use this website and if you are unwilling to accept the terms and conditions of the Privacy, you must not use this website.

You may access, correct and delete your own personal information stored by accessing and amending your personal profile at www.EverythingMom.com, or by emailing the Company at hi@everythingmom.com. This email address is being protected from spam bots, you need Javascript enabled to view it

6. LIMITATIONS ON LIABILITY AND DISCLAIMERS.
THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEBSITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THIS WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.

This website and its Content are offered at no charge for your personal use and are not to be construed as an offer to sell any product or service. However, our Website Partners may advertise on this website, particular products or services that they offer or sell, on terms and conditions as You or third parties may independently agree with that Website Partner. This website may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with same. EVERYTHINGMOM.COM DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEBSITES. Unless specifically, expressly and explicitly stated to be the case, the mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service.

The Company will not be responsible for any damages You or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information.

You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.

THE CONTENT IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION. THE CONTENT ON THIS WEBSITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEBSITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPER-ATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO CASE WILL THE COMPANY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’, AND THEIR RESPECTIVE DIRECTORS’, OFFICERS’ AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS WEBSITE, IN THE YEAR IN WHICH THE CLAIM AROSE.

THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

7. CONTENT SUBMISSIONS
We do not claim ownership of any of your Submissions. However, by posting or uploading Submissions to the website, you grant EverythingMom Media Inc. a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to use, reproduce, store, adapt, translate, modify, transmit, distribute, publicly perform or display such Submissions for any purpose. In addition to the grant of the above license, you hereby:

(a) agree to waive all moral rights in any Submission in favour of EverythingMom Media Inc.; 

(b) consent to your name, web address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission;

(c) acknowledge and agree that EverythingMom Media Inc. is not responsible for any loss, damage, or corruption that may occur to your Submissions;

(d) agree that we have no obligation to compensate you for your Submissions or to exercise any of the foregoing rights and that any such exercise shall be in our sole and absolute discretion; and

(e) warrant that your Submission does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, or obscene, that invades a person’s privacy, that violates any intellectual property rights or that violates any law.

You agree to indemnify and hold EverythingMom Media Inc. harmless from and against all claims, demands, loss, damages and expenses (including reasonable attorney fees and disbursements) and liability arising from any third party claim brought against EverythingMom Media Inc. alleging that:

(i) the Material infringes any intellectual property right of any third party;

(ii) contain material or information that is obscene, defamatory, libellous, slanderous or violates any individual’s right to publicity, privacy or contains any virus; or

(iii) any third party claim inconsistent with your representations or in connection with EverythingMom Media Inc’s use of the Material.

We retain the right to reject, modify or remove Submissions that we, in our sole and absolute discretion, consider unacceptable. Whether or not we reject, modify or remove a Submission, you remain solely responsible for the content of your Submission. EverythingMom Media Inc. is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of EverythingMom Media Inc.

8. Notice and Procedure for Making Claims of Copyright Infringement

It is the policy of EverythingMom Media Inc. to take reasonable steps to protect the intellectual property rights of third parties. EverythingMom Media Inc. will process and investigate notices of alleged infringement and will take any actions, in its sole discretion, we deem appropriate. Notifications of claimed copyright infringement should be sent hi@everythingmom.com.

To be effective, the notification of infringement must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law and;
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

9. TERMINATION.
Any failure on your part to comply with this Agreement may lead to the cancellation of your account, membership and related privileges in EverythingMom.com, at the sole discretion of the Company. This Agreement is effective until terminated by the Company, with or without cause, in the Company’s sole and unfettered discretion. The Company may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and other equitable remedies.

You can cancel your account, membership and related privileges in EverythingMom.com at any time by emailing hi@everythingmom.com This email address is being protected from spam bots, you need Javascript enabled to view it .

The disclaimers, limitations on liability, ownership, termination, interpretation, Your license to the Company, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

10. INDEMNITY.
YOU AGREE AT ALL TIMES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS AGENTS, SUPPLIERS, AFFILIATES, WEBSITE PARTNERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES AGAINST ALL ACTIONS, PROCEEDINGS, COSTS, CLAIMS, DAMAGES, DEMANDS, LIABILITIES AND EXPENSES WHATSOEVER (INCLUDING LEGAL AND OTHER FEES AND DISBURSEMENTS) SUSTAINED, INCURRED OR PAID BY THE COMPANY, ITS AGENTS, SUPPLIERS, AFFILIATES, WEBSITE PARTNERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES, DIRECTLY OR INDIRECTLY IN RESPECT OF:

(I) ANY INFORMATION OR OTHER CONTENT YOU PROVIDE ON OR THROUGH THIS WEBSITE OR WHICH IS SENT TO THE COMPANY BY E-MAIL OR OTHER CORRESPONDENCE; OR

(II) YOUR BREACH OF THIS AGREEMENT, OR YOUR USE OR MISUSE OF THE CONTENT OR THIS WEBSITE, INCLUDING WITHOUT LIMITATION, INFRINGEMENT CLAIMS.

11. GOVERNING LAW.

The Company, this website and the Content (excluding linked websites or content) are physically located within the Province of Alberta, Canada. This Agreement will be governed by the laws of the Province of Alberta and the federal laws of Canada and shall be treated in all respects as an Alberta contract, without reference to the principles of conflicts of law. In the event of a dispute, We agree to submit to the non-exclusive jurisdiction of the Alberta courts. We expressly exclude the UN Convention on Contracts for the International Sale of Goods, as amended, replaced or re-enacted from time to time. You agree to waive any right You may have to:

(i) a trial by jury; and

(ii) commence or participate in any class action against Company related to this website, the Content, or this Agreement and, where, applicable, You also agree to opt out of any class proceedings against Company or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

12. INTERPRETATION.
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to currency amounts in this Agreement, unless otherwise specified, are in Canadian dollars.

13. ENTIRE AGREEMENT.
This Agreement as it may be amended from time to time in accordance with the provisions of Section 12, and any and all other legal notices and policies on this website, constitute the entire agreement between You and the Company with respect to the use of this website and the Content.

14. AMENDMENT AND WAIVER.
The Company reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this website. You are responsible for periodically reviewing the amendments on this website and You are deemed to be aware of such amendments. If You do not agree to the amended terms and conditions, You shall immediately stop using this website. Access to this website or use of this website after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

15. SEVERABILITY.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

16. INUREMENT.
This Agreement shall inure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

17.  CONTESTS
The contests, giveaways and reviews listed at EverythingMom.com are the responsibility of the group creator/sponsor.  EverythingMom.com holds no responsibility for any fraud or damage arising out of contests, giveaways, reviews etc listed at EverythingMom.com

18. CONTACT US.
If You have any questions regarding this Agreement or this website, you can reach us at the following address. hi@everythingmom.com

© EverythingMom.com, 2005-2012, Alberta, Canada.