Agreement between User and Mama Made Strong, LLC
Welcome to Mama Made Strong, LLC. The www.mamamadestrong.com website (the "Site") is comprised of various web pages operated by Mama Made Strong, LLC ("Mama Made Strong"). www.mamamadestrong.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.mamamadestrong.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Mama Made Strong is a online resource consisting of a website, free information, and paid programs for educational and informational purposes only.
The purpose of Mama Made Strong is to assist postpartum women in understanding the changes that take place in their bodies during pregnancy and postpartum. Mama Made Strong does this through the sale of its online educational program and through discussions of this program via email and Facebook groups.
Visiting www.mamamadestrong.com or sending emails to Mama Made Strong constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mama Made Strong is not responsible for third party access to your account that results from theft or misappropriation of your account. Mama Made Strong and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Eighteen
Mama Made Strong does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. The site is intended to be used solely by individuals over the age of 18.
You may cancel your monthly subscription at anytime. Any cancellations made within 7 days of the date of purchase will receive a full refund. Any cancellations made after day 7 will not be charged for another month. Please contact us at firstname.lastname@example.org with any questions.
Links to Third Party Sites/Third Party Services
www.mamamadestrong.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Mama Made Strong and Mama Made Strong is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mama Made Strong is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mama Made Strong of the site or any association with its operators.
Certain services made available via www.mamamadestrong.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.mamamadestrong.com domain, you hereby acknowledge and consent that Mama Made Strong may share such information and data with any third party with whom Mama Made Strong has a contractual relationship to provide the requested product, service or functionality on behalf of www.mamamadestrong.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Mama Made Strong or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Mama Made Strong content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Mama Made Strong and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mama Made Strong or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Mama Made Strong account to third party accounts. By connecting your Mama Made Strong account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Mama Made Strong from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Mama Made Strong Content accessed through www.mamamadestrong.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Mama Made Strong, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mama Made Strong reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mama Made Strong in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Mama Made Strong agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAMA MADE STRONG, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MAMA MADE STRONG, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MAMA MADE STRONG, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Mama Made Strong reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mama Made Strong as a result of this agreement or use of the Site. Mama Made Strong's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mama Made Strong's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mama Made Strong with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mama Made Strong with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mama Made Strong with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
By using this website, blog, emails, or any of our programs, services, or products, you implicitly signify your agreement to all parts of the below disclaimer.
Mama Made Strong will not be held responsible in any way for the information that you request or receive through or on our website, blog, emails, programs, services, and/or products. In no event will we be liable to any party for any direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on this website or blog, emails, programs, services, and/or products, including, without limitation, any lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information or any other loss, malady, disease or difficulty, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Mama Made Strong recommends that you consult with a qualified healthcare professional before beginning any exercise program. None of our programs are intended for diagnosing or treating any medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. They are for educational and informational purposes only.
You should understand that there is a risk of injury when participating in any exercise or exercise program. If you engage in any exercise or program as described through Mama Made Strong, you agree that you do so at your own risk, that you are voluntarily participating in these activities, that you assume all risk of injury to yourself, and that you agree to release and discharge Mama Made Strong from any and all claims or causes of action, known or unknown, arising from your use of any information received through Mama Made Strong.
The information provided is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice, or delay in seeking it, because of something you have read on this website. Never rely on information on this website in place of seeking professional medical advice.
Mama Made Strong is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services, emails, programs, and/or products that you obtain through this site. You are encouraged to consult with your healthcare provider with regard to the information contained on or through this website. After reading articles, watching videos, or reading other content from this website, you are encouraged to review the information carefully with your healthcare provider.
Nothing on this website or in any Mama Made Strong program is intended to represent medical advice. The information contained on this website, blog, guest blogs, emails, programs, services, and/or products is for educational and informational purposes only.
Mama Made Strong aims to accurately represent the information provided on this website, blog, emails, programs, services, and/or products. You are acknowledging that you are participating voluntarily in using our website, blog, emails, programs, services, and/or products, and you alone are solely and personally responsible for your results. You acknowledge that you take full responsibilityfor your health, life, and well-being, as well as the health, life and well-being of your family and children (born and unborn), and all decisions now or in the future.
In the event that you use information provided through the website, blog, emails, programs, services, and/or products, we assume no liability. Every effort is made to ensure the accuracy of published information on or through the website, blog, emails, programs, services, and/or products; however, the information may inadvertently contain inaccuracies or typographical errors. Every effort has been made to present you with the most accurate, up to date information, but because research is constantly evolving, we cannot be held responsible for the accuracy of our content.
We make every effort to ensure that we accurately represent these products and services and their potential for results. There is no guarantee that you will experience the same results and you accept the risk that all results may differ by individual.
We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. The testimonials and examples provided are reflective of using Mama Made Strong programs. The results of viewing or purchasing Mama Made Strong programs may be significantly less. We have no intentions of misrepresentation, so if you have any questions, please feel free to contact us through the means listed at the end of this document.
Each individual's success with Mama Made Strong programs depends on her background, dedication, desire, and motivation. As with any such program or service, results may vary and will be based on many variable, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment. We cannot guarantee that you maintain the results you experience if you do not continue following the program. We are not responsible for your actions.
The use of our information, programs, products, and/or services should be based on your own due diligence and you agree that our company is not liable for your success or failure that is directly or indirectly related to the purchase and use of our information, programs, services, and/or products.
The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our program, service, and/or product capabilities, but they are not intended to guarantee that other clients will achieve the same results. Rather, these client stories respresent what is possible with our programs, services, and/or products.
Changes to Terms
Mama Made Strong reserves the right, in its sole discretion, to change the Terms under which www.mamamadestrong.com is offered. The most current version of the Terms will supersede all previous versions. Mama Made Strong encourages you to periodically review the Terms to stay informed of our updates.
Mama Made Strong welcomes your questions or comments regarding the Terms:
Mama Made Strong, LLC
PO Box 6122
Virginia Beach, VA 23456
Effective as of May 21, 2019