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TERMS OF SERVICE - LEGAL INFORMATION - SearchMothers.com

PRIVACY POLICY

This site is operated by New Jersey-based Tech Research Services ("we" or "us"), the owner of domain SearchMothers.com (The Site). By accessing or using this Site (including any current and future version of the Site) and/or downloading/using any material, information, software or services available thereon (collectively "Content"), you agree to the terms and conditions that follow (the "Terms of Service") as they may be modified from time to time by us and acknowledge that you are forming a binding, enforceable legal contract between you and SearchMothers. By accessing or using the Site and/or downloading/using Content you represent and warrant that you have the right, power and authority to agree to and to be bound by these Terms of Service and to enter into a legal contract. If you do not agree to the Terms of Service, or if you do not have the right, power, and authority to agree to and to be bound by these Terms of Service and/or enter into a legal contract, you must immediately cease use of the Site.

Purpose of Site

The Site is designed as a forum for mothers of all types, races, nationalities and professions. The Site functions primarily as an information portal, offering unique content and services, as well as linking to other, non-affiliated sources of information about Mothers and/or Women. The information, materials and services offered on this Site are provided solely for general information. Your use of the Site is conditioned on the understanding that SearchMothers (or Tech Research Services) is not engaged in rendering legal or other professional services or advice.

The material, information and services available on or through this Site do not form part of any offering and may not be relied upon by users of the Site. In addition to your use of the Site, your use of Content is subject to the additional terms, disclaimers and caveats that appear in these Terms of Service and throughout the Site.

Limitation on Use of Site and Content

The Content available at this Site is not available for use, and should not be used, by residents of countries, states, or other localities in which SearchMothers (Tech Research) is not licensed as may be required by applicable national, state or local laws or regulations, or in which such use is otherwise restricted or prohibited.

Use of Site

Any Content, including, but not limited to, data, text, software, music, sound, photographs, images, graphics, video and messages contained on this Site may be proprietary to SearchMothers.com, its licensors and/or contributors of such Content. The organization and layout of the Content are proprietary to SearchMothers .

SearchMothers hereby grants to you a nonexclusive, nontransferable license to use only those portions of the Content that are made available to you by SearchMothers on the Site, subject to and in accordance with the terms and conditions of these Terms of Service and any other limitations and conditions established by SearchMothers from time to time.

You may not, except as expressly set forth above, or otherwise expressly or impliedly provided on the Site: (a) distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form) any portion of the Content; (b) modify, merge or create derivative works of any portion of the Content; or (c) decompile, disassemble or reverse engineer any Content on the Site;

When using the Site, you may not:

(1) upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, images, graphics, video, messages or other content that (a) is unlawful, threatening, abusive, harmful, libelous, tortuous, defamatory, obscene, vulgar, racially or ethnically offensive or otherwise objectionable; (b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; (c) you know or, with the exercise of reasonable effort, should know to be false, misleading, or otherwise unreliable; or (d) you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;

(2) encourage or engage in illegal activity;

(3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

(4) upload, post, e-mail or otherwise transmit any (a) material that contains software viruses, files or programs designed to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(5) interfere with or disrupt, or attempt to interfere with or disrupt, the Content or servers or networks connected to the Site;

(6) violate these Terms of Service or any applicable local, state, national or international law, rule, regulation or ordinance;

(7) engage in any fraudulent activities or otherwise interfere with or disrupt, or attempt to interfere with or disrupt, the activities of other users of the Content or the Site;

(8) use any robot, bot, spider, other automatic device, or manual process to monitor or copy the Site or any Content contained thereon without our prior expressed written permission; or

(9) use any software, device, routine, or manual process to interfere or attempt to interfere with the proper functioning of the Site or the Content.

Message Boards Terms of Service

For the complete Message Board Terms of Service please view the Message Boards-Forum User Agreement.

We discourage users of these boards to share personal information such as addresses and telephone numbers with others on the boards. Please remember if you do this you are sharing your private information with everyone who views the board.

We also discourage users of these boards to post articles or stories of Great Length.

Ownership

You acknowledge that SearchMothers, its licensors and/or contributors of Content to the Site (collectively "Content Owners") have and shall retain exclusive ownership of all proprietary rights in or to such Content, including the format and presentation thereof. You shall have no right or interest in any Content except the right to use the Content as set forth in these Terms of Service. You acknowledge that the Site and the Content has been created, compiled, prepared, selected and arranged by the Content Owners through the expenditure of substantial time, effort and money, and that it constitutes the valuable property and confidential copyrighted information of the Content Owners ("Proprietary Information"). You agree to take all necessary precautions to maintain the confidentiality of such Proprietary Information, to comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information, and to not remove, conceal or obliterate any copyright management information or other proprietary notice included in the Content.

Links

The Site includes links to other online sites or locations which are operated by third parties with no affiliation with SearchMothers.com or Tech Research. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed the information on other sites and are not responsible for the content of any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites and it is your responsibility to comply with such other terms and conditions.

Advertisers and Merchants

You acknowledge and agree that your correspondence or business dealings with, or participation in promotions of and product and service offerings by advertisers and merchants found on or through the Site or links to the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. You agree that SearchMothers shall not be responsible or liable for any loss or damage of any type incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on the Site.

User Content and Infringement

This Site may include opportunities for users to submit, share or trade information, data, text, software, music, sound, photographs, images, graphics, video, messages and other content. You understand that all such content, whether publicly posted (e.g., in forums or bulletin boards) or made available through use of software or services made available through the Site is the sole responsibility of the person from which such content originated. This means that you, and not SearchMothers, are entirely responsible for all content that you upload, post, e-mail or otherwise transmit to or via the Site. You agree that you will not knowingly submit content that infringes the proprietary rights of others. SearchMothers is under no obligation to post or to use any such content you may provide and may remove any such content at any time in SearchMothers's sole discretion. It is the policy of SearchMothers to terminate use of and/or access to the Site, its Contents, and any ancillary services associated with the Site that SearchMothers has the right and ability to control, by individuals or entities that repeatedly infringe the copyrights of others.

SearchMothers shall not be responsible for, and shall not monitor the Site for, content that actually or potentially infringes the proprietary rights of others. However, upon acquiring actual knowledge of such infringement, by whatever means, it is the policy of SearchMothers to terminate use of and/or access to the Site and the Site's Content by individuals or entities that repeatedly infringe the copyrights of others.

User Content Submitted to SearchMothers

The Site may allow you to submit materials, information or other content, designed or authored by you, for possible inclusion on the Site, including for use by others. In addition to all of the obligations set forth above, you further agree that you will not knowingly use or incorporate in any content you submit to SearchMothers any proprietary material owned by a third party without that party's authorization. Unless otherwise stated in a written agreement between you and SearchMothers, with respect to all such content you elect to submit to SearchMothers ("User Content"), you grant SearchMothers, its affiliates, and licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, adapt, reformat, perform, display, transmit, publish, translate, prepare derivative works of, distribute, sell, and take any other action (including destroying User Content) with respect to User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that SearchMothers may preserve any User Content and may also disclose User Content in its discretion.

You represent and warrant that (a) you own or have the full right, power and authority to grant to SearchMothers use of and rights in and to all User Content, whether owed by or licensed to you by a third party; (b) your license of User Content to SearchMothers hereunder does not, and the license of User Content by SearchMothers to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to User Content.

Transmission of Personal Information

Use of the Site and/or the Content may require you to register certain information about yourself ("Personal Information"). You agree to: (a) provide true, accurate, current and complete Personal Information; and (b) maintain and promptly update, as required, any Personal Information to keep it true, accurate, current and complete. If you provide any Personal Information that is untrue, inaccurate, not current or incomplete, or SearchMothers has reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, SearchMothers has the right to terminate or restrict your current and future use of the Site or the Content.

Information collected from or about you may be used, reproduced, modified, distributed and disclosed by us and those we authorize in any manner we choose, without paying compensation to you, providing notice to you, or obtaining any further consent from you. By using the Site and agreeing to these Terms of Service, you consent to such use, reproduction, modification, distribution, and disclosure.

Data Protection and Privacy Laws

By agreeing to these Terms of Service, and to the extent permitted by law, you consent to the transmission of any Personal Information, over a communications network or otherwise, and in electronic form or otherwise, from any location in the world to any other location in the world, including, but not limited to, such transmissions from any European Union Member country to any other country in the world.

IP Addresses

By using the Site, you may make available the Internet Protocol address ("IP Address") used by your computer during the time you are connected to the Site. IP addresses are assigned by Internet numbering authorities to service providers (e.g., ISPs) for the purpose of routing data over networks. Your IP address may be statically (permanently) assigned for use by your computer or the local or wide area network used by your computer, or it may be dynamically assigned (temporarily, for the current online session only). In either case, your IP address may be identifiable to other users of SearchMothers. This means that personal Information that is associated with your IP Address may be available to operators of the Site. While your IP Address is just a series of numbers and does not, by itself, disclose your identity, your identify can be determined by tracing your IP Address to your access provider, such as your company or your Internet Service Provider ("ISP"). ISPs will not generally release such information upon request; but will do so when you have breached your agreement with the ISP or when they are compelled by appropriate procedures such as a warrant or subpoena. You understand that SearchMothers is not responsible for access to your IP Address or for the revelation of personal information associated with your IP Address, and will disclose your IP Address or any information about your use of the Site or your identity (if SearchMothers somehow collected such information) if you violate these Terms of Service or SearchMothers is otherwise legally compelled to do so.

Cookies

This Site may use and/or require that your computer accept "cookies." Cookies are small text files that are stored on your computer to keep track of settings or data for a particular website. If you have disabled cookies from within your browser, or if you are running third-party software that intercepts or deletes cookies, you may not be able to use the Site or the Content.

Remedies for Breach

Upon your breach of any of the provisions of these Terms of Service, SearchMothers's remedies shall include any monetary benefits that accrued to you as a result of the breach, any damages incurred by SearchMothers related to such breach, and any other damages and relief available at law or in equity. If SearchMothers retains any third party to obtain any remedy to which it is entitled under these Terms of Service, SearchMothers shall be entitled to recover all costs, including attorneys' fees or collection agency commissions that SearchMothers incurs.

Indemnity

You agree to indemnify and hold harmless SearchMothers and its affiliates and their respective officers, agents, partners, directors and employees, from and against any third party claim or demand (including reasonable attorneys' fees), arising out of or relating to User Content, or your use of the Site. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. SearchMothers reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of SearchMothers.

Disclaimers

THE SITE AND THE SITE'S CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. SearchMothers EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES (A) AS TO TITLE, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, (B) AS TO THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENTS OF THE SITE AND (C) AGAINST INFRINGEMENT FOR ANY CONTENT FEATURE OR FUNCTIONALITY AVAILABLE ON THE SITE OR LINKED TO THE SITE OR AVAILABLE USING SearchMothers CONTENT. SearchMothers DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR CONTENT WILL BE SECURE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SearchMothers OR THROUGH OR FROM THE SITE OR CONTENT SHALL CREATE ANY WARRANTY OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. SearchMothers RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR CONTENT OR ANY FEATURE OR PART THEREOF AT ANY TIME.

IF YOU DOWNLOAD ANY CONTENT FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SearchMothers OR THROUGH OR FROM THE SITE OR CONTENT SHALL CREATE ANY WARRANTY OF ANY KIND.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT (A) SearchMothers AND ITS RESPECTIVE, OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING SearchMothers CONTENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR CONTENT, OR ANY OTHER SITE, CONTENT OR SERVICES YOU ACCESS THROUGH A LINK FROM THE SITE, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC OR OTHER MESSAGES YOU SEND US. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

BECAUSE YOU ARE ALLOWED TO USE THE SITE AND ITS CONTENT, WITHOUT CHARGE (A) SearchMothers, AND ITS RESPECTIVE OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR CONTENT, SHALL HAVE NO LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES WHATSOEVER. YOU RELEASE (A) SearchMothers AND ITS RESPECTIVE OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR CONTENT, FROM CLAIMS, DEMANDS AND DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND ANY OTHER DAMAGES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR CONTENT.

IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, IN THE UNITED STATES, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCE WILL SearchMothers OR ANY OF ITS RESPECTIVE OFFICERS, AGENTS, DIRECTORS, PARTNERS, AND EMPLOYEES OF SearchMothers BE LIABLE IN ANY WAY FOR ANY USER CONTENT OR ANY USER'S USE OF THE SITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN OR ON THE SITE OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR CONTENT.

SearchMothers SHALL HAVE NO LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND SearchMothers'S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES OF WHATEVER NATURE, ACTS OF GOD, PUBLIC ENEMY, WAR, ACTS OF GOVERNMENT, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING CONTENT OR SERVICES.

Your Liability

IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR CONTENT OR THE SYSTEMS TRANSMITTING THEM TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM THAT DISRUPTION.

Logos and Service Marks

The Site employs various logos and service marks of SearchMothers. You may not use or display such marks in any manner without the prior written permission of SearchMothers. This Site may also employ other trademarks and service marks that are the property of third parties, or are licensed to, or owned by others. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.

Modifications to Site or Content

SearchMothers is continuously updating and changing the Site's Content, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part therefore with or without notice. You agree that SearchMothers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or its Content.

Choice of Forum, Choice of Law, and Jurisdiction

These Terms of Service and your use of the Site and the Content thereon shall be governed by the laws of the State of New Jersey of the United States without regard to its choice of laws principles. If any material contained in, displayed or used by the Site or Content, or your use of the Site or Content, is contrary to the laws of the place where you are when you access it, the Site and Content are not intended for you, and you are not authorized to use them. You are responsible for informing yourself of, and complying with, the laws of your jurisdiction.

Arbitration

Any and all disputes arising outside of the United States in connection with this Agreement shall be settled by arbitration, unless otherwise mutually agreed by both parties to the dispute in writing. In the case of a dispute between you and SearchMothers, the arbitration shall be held in New Jersey and set up in accordance with the Rules of Arbitration and Conciliation of the International Chamber of Commerce ("ICC"). Any and all Arbitrators appointed pursuant to the ICC Rules shall be fluent in English and all documents submitted to the Arbitration panel shall be in English or accompanied by an English translation. Judgment upon the award may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.

Severability

In the event any portion of these Terms of Service is determined to be illegal, invalid or unenforceable in any respect, such part shall be deemed severed from these Terms of Service without invalidating the remaining provisions of these Terms of Service or affecting the enforceability of such remaining provisions.

Waiver

No waiver by SearchMothers of any right under or term or provision of these Terms of Service will be deemed a waiver of any other right, term, or provision of these Terms of Service at that time or a waiver of that or any other right, term, or provision of these Terms or Use at any other time.

Changes to these Terms

We reserve the right, in our complete and sole discretion, to change these Terms of Service at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Service. Your continued use of this Site following the posting of changes to these terms or other policies means you accept the changes.

Service of Process

Except where prohibited by law or formal objection to international treaty, you consent to service of process by U.S. or international registered mail at the address, if any, submitted by you to SearchMothers pursuant to using the Site or Content.

Export Restrictions

You acknowledge that the Site's Content and all related technical information, documents and materials may be subject to applicable export controls including without limitation U.S. Export Administration Regulations and other applicable laws. You will (i) comply strictly with all legal requirements established under these controls, (ii) cooperate fully with CSG in any official or unofficial audit or inspection that relates to these controls, and (iii) not export, re-export, divert or transfer, directly or indirectly, any such item or direct products thereof to Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria or any country that is embargoed by Executive Order or applicable non-U.S. law or regulation, unless you have obtained the prior written authorization of SearchMothers, the U.S. Commerce Department and other applicable non-U.S. export regulators. Upon notice to you, SearchMothers may modify this list only to conform to changes in the U.S. Export Administration Regulations and applicable non-U.S. laws or regulations.

Interpretation

You agree that the United Nations Convention on Contracts for the International Sales of Goods is specifically excluded from application to this Agreement.

Other Agreements

Notwithstanding anything to the contrary herein, if you and SearchMothers.com (or Tech Research Services) have entered into a separate written agreement that covers your use of the Site or any Content thereon (including, without limitation, any license agreement or non-disclosure agreement), the terms and conditions of such agreement shall control to the extent they are inconsistent with these Terms of Service.

Last Revised: February 2006


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