Last Modified: January 22, 2020
Acceptance of the Terms of Use
Welcome to www.sanfranciscomoms.com. This website is operated by San Francisco Bay Area Moms, LLC (“SFBAM,” “Us,” “We,” or similar terms). The following terms and conditions, together with the privacy policy (collectively, the “Terms”) govern your access to and use of www.sanfranciscomoms.com, including any content, functionality and services offered on or through www.sanfranciscomoms.com (the “Website”).
Please read these terms carefully, and keep a copy of them for your reference. By using the Website, or by clicking to accept or agree to the Terms when this option is made available to you, you agree to be bound by the Terms. If you object to anything in the Terms, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older, and we do not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use the Website only with permission of a parent or guardian. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Your Account
To access the Website, post on the Website, or to access some of the resources it offers, you may be asked to provide registration details or other information. It is a condition of use of the Website that all the information you provide be correct, current and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account.
You are responsible for maintaining the confidentiality of your account, password, and any other piece of information that is part of our security procedures, for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SFBAM will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website using your information. You may not assign or otherwise transfer your account to any other person or entity.
We have the right to (i) disable any account, user name, password, or other identifier or (ii) to block any IP address, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms. You agree that you will not create a new account or identifier after we disable yours.
We have the right to delete any Submissions, data, or other information associated with an account or identifier without notice if we, in our discretion, determine that it violates any of these Terms or that is it detrimental to the public good or the welfare of minors.
By creating an account or submitting contact information, you agree to receive electronic communications from us. These communications may include information about expiring accounts, verification of personal data, special offers, and other topics.
Electronic Communications
Visiting the Website or sending emails to SFBAM 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 Website, satisfy any legal requirement that such communications be in writing.
Intellectual Property Rights
The Website and its entire contents, features and functionality, is owned or licensed by us and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Additionally, SFBAM‘s names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of SFBAM or its licensors. You are not authorized to use any such trademark without our prior written consent. All other trademarks appearing on the website are the property of their respective owners.
We grant you a non-exclusive, non-transferable, limited license to access, view, download and print the information, documents, text, images, software, and other content and elements of the website (collectively, the “Content”) solely in accordance with these Terms and solely for your personal, non-commercial use. We may terminate the above license at any time for any reason.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or republish any of the Content without prior written consent from us. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or Content in breach of the Terms, your license will terminate immediately, automatically, and without notice. Upon the termination of this license you must stop using the Website and Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control. No right, title or interest in or to the Website or Content is transferred to you, and all rights not expressly granted are reserved by us.
User Submissions
SFBAM does not claim ownership of the materials you provide to SFBAM (including photos, copyright, feedback and suggestions) or post, upload, input or submit to any SFBAM or our associated services (collectively “Submissions”). When you upload or otherwise submit Submissions to the Website, you give SFBAM a worldwide, perpetual, unlimited, non-exclusive, transferable, sub-licensable, royalty-free, license to use, host, store, reproduce, modify, create derivative works, communicate, publish, perform, display and distribute Submissions, solely for the purposes of: (i) operating the Website and business, (ii) sharing Submissions with third parties as necessary to operate the Website and as consistent with the Privacy Policy; and (iii) sharing Submissions with persons that you specify. This license continues even if you stop using the Website and this agreement terminates. Some aspects or features of the Website may provide an opportunity to remove or delete some or all Submissions, however, you understand and agree that such features may not be effective.
No compensation will be paid with respect to the use of your Submission, as provided herein. SFBAM is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SFBAM’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including photos and copyright as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to SFBAM that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You agree that you are responsible for all postings or other activity performed using your username and password.
You agree not to: (a) “stalk” or otherwise harass any person or otherwise violate the legal rights of others; (b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (c) impersonate any other person or use a false identity (the name of some other person or entity); (d) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (e) intentionally post, create, upload or transmit any software or other material which contains a virus or other harmful code or device, or otherwise take any action designed to interfere with the operation of this website; (f) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; or (g) access or attempt to access the account of any other person, or any other area or section of this website that is restricted and to which you have not explicitly been granted access.
Use of Communication Services
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, secure user posting areas, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information (such as hate speech or child pornography); upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
SFBAM has no obligation to monitor the Communication Services. However, SFBAM reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SFBAM reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
SFBAM reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SFBAM’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SFBAM does not control or endorse the content, messages or information found in any Communication Service and, therefore, SFBAM specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Links to Third Party Sites and Third Party Services
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of SFBAM and SFBAM 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. SFBAM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SFBAM of the site or any association with its operators.
Certain services made available via SFBAM are delivered by third party sites and organizations. By using any product, service or functionality originating from the SFBAM domain, you hereby acknowledge and consent that SFBAM may share such information and data with any third party with whom SFBAM has a contractual relationship to provide the requested product, service or functionality on behalf of SFBAM users and customers.
Security
SFBAM understands that you may provide to it, through the Website, information that you consider confidential. Please read the Privacy Policy for more information about information security.
While SFBAM takes measures to protect the confidentiality and security of your information, it is not possible to give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on our computers and view your information, or the government or other entities with legal authority may require disclosure of your information. By submitting information to SFBAM, you agree that you are aware of and accept these risks. If you do not wish to submit your information electronically, do not do so, however in such case you may not be able to make use of the full functionality of the Website. You agree that {SFBAM is not responsible for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
Notice of Infringing Images or Content: DMCA Notice
If you believe in good faith that any photos, images, text, or other content appearing on this website infringes any copyright or other intellectual property right owned by you, please send a notice to: info@rochestermnmomsblog. or to Rochester MN Moms Blog / 1417 14th Avenue NE / Rochester MN / 55906
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work (or other intellectual property right) claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) 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 (f) 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. If US law requires any additional or different procedure, then the terms of such law shall control.
International Users
The Service is controlled, operated and administered by SFBAM from 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 SFBAM Content accessed through the internet in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless SFBAM, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website 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. SFBAM 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 SFBAM in asserting any available defenses.
Disclaimer of Warranties
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SFBAM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
SFBAM 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 WEBSITE 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. SFBAM 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.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SFBAM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SFBAM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Not Medical Advice.
THIS WEBSITE MAY OFFER YOU GENERAL HEALTH-RELATED INFORMATION FOR EDUCATIONAL PURPOSES ONLY. THE INFORMATION FURNISHED ON THIS WEBSITE IS NOT INTENDED TO BE PROFESSIONAL ADVICE AND IS NOT INTENDED TO REPLACE CONSULTATION WITH A QUALIFIED PHYSICIAN, PHARMACIST, OR OTHER HEALTH CARE PROFESSIONAL. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROVIDER IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE.
YOUR RELIANCE UPON INFORMATION AND CONTENT OBTAINED BY YOU AT OR THROUGH THIS WEBSITE IS SOLELY AT YOUR OWN RISK. NEITHER OUR CONTENT PROVIDERS NOR WE ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY (INCLUDING DEATH) TO YOU, OTHER PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA OR INSTRUCTION CONTAINED IN THE CONTENT OR SERVICES PROVIDED TO YOU.
Termination/access restriction
SFBAM reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
Jurisdiction and Venue
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. In any claim or action directly or indirectly arising under this agreement or related to the Website, each party irrevocably submits to the personal jurisdiction of the California State District Court sitting in San Mateo County, California or of the United States Court for the District of California. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. You agree that you shall pursue any claim against SFBAM in your individual capacity only, and you will not participate in any collective or so-called “class” action against SFBAM.
Changes to the Terms
SFBAM reserves the right to modify the Terms from time to time in our sole discretion, such modifications to be effective upon posting and to apply to all use of the Website thereafter. Your continued use of the Website or your logging into the Website following the posting of revised Terms means that you accept and agree to the changes. We encourage you to periodically review the Terms to stay informed of our updates.
General Terms
We may update the Website and Content from time to time, but the Content is not necessarily complete or up-to-date, and we are under no obligation to update such material. We also reserve the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You may not assign any rights or obligations under this agreement without prior written consent. SFBAM may assign all or part of this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SFBAM as a result of this agreement or use of the Website. SFBAM’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SFBAM’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by SFBAM 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. You agree to bring any and all claims involving SFBAM within twelve (12) months of the date on which such claim first arises; all claims not brought by you within such time period are waived.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SFBAM with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SFBAM with respect to the Website. 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
Contact Us
SFBAM welcomes your questions or comments regarding the Terms:
San Francisco Bay Area Moms
info@sanfranciscomoms.com
