Effective February 15, 2016, Updated February 15, 2016
This website is owned and operated by Three Green Crayons LLC. Throughout the site, the terms “we”, “us” and “our” refer to MomDash. MomDash offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.Permitted Users
By accessing, browsing or otherwise using or operating the MomDash Site and/or the Services or creating an account on the MomDash Site, you represent and warrant that you are 18 years old or older. Anyone under the age of 18 years old is prohibited from registering with us or accessing or using the MomDash Site or Services. By creating an account on the MomDash Site you further represent and warrant that you are not a convicted sex offender.
Users should monitor children’s use of the Internet. We do not assume any responsibility for any misrepresentations regarding age when using the MomDash Site or Services. Should we determine that any User provided false information to us when using the MomDash Site or Services, the User’s membership and account may be terminated immediately in our sole discretion.
To be listed on our website, you will submit a complete listing on our website. We will reject your listing if we determine, at our sole discretion, that your program is unsuitable for our Website. Unsuitable programs include but are not limited to those that are targeted to adults rather than children, promote illegal or immoral activities, or are listed at higher prices at MomDash than elsewhere without explicit communication with MomDash.
Creating an Account
You hereby agree to be solely responsible for learning of and confirming all holidays and known class closings with the applicable Provider. MomDash has no responsibility for informing you of any class closings or holidays.
Cancellation and Refunds
You are responsible for reviewing and understanding the cancellation and makeup policies of the applicable Provider and all other application information with respect to the class or activity and the Provider. All classes and activities enrolled in through the MomDash Site are subject to the specific cancellation and makeup policies of the applicable Provider. You shall contact and directly deal with the applicable Provider with respect to the cancellation or makeup of any class or activity enrolled in through the MomDash Site or with respect to any refund. If a Provider has to cancel or reschedule a class or activity for any reason, in its sole discretion, you and the Provider will deal with each other directly, not involving MomDash, with respect to a refund or a makeup. MomDash will have no responsibility or liability to you or any third party if a Provider cancels or reschedules a class or activity.
MomDash Ownership and MomDash Content
MomDash takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that MomDash shall not be liable for any damages you allege to incur as a result of User Content.
MomDash reserves its right to remove, edit, or modify any of your Content on the MomDash Site or refuse you access to the MomDash Site for any reason, in our sole discretion, at any time with or without notice. Before posting, uploading, submitting, sending or transmitting any Content we strongly recommend that you carefully consider the Content before doing so.
MomDash reserves the right to charge a user for booking a trial class on our site in order to ensure to the Provider running the class that the user intends to attend such class and as compensation to us for the use of our site to find and book and be reminded about such trial class.
Further, you acknowledge and understand that you may be exposed to Content of other users and Providers that may be offensive, inappropriate, and inaccurate and that violates the MomDash policies and applicable law. You hereby waive any rights and remedies you have or may have against MomDash with respect to such Content. MomDash bears no responsibility and assumes no liability for any submissions and content of users and Providers, including, without limitation, Content in violation of the MomDash policies and Content in violation of laws.
Prohibited Uses, Conduct and Content
You agree not to, and will not permit, enable, assist or cause any other individual or entity through your account to:
Reviews and Feedback
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Term and Termination
Notwithstanding any of these Site Terms, MomDash reserves the right, without notice and in its sole discretion, and without having to give any reason whatsoever, to terminate your account and/or to block your use.
Provider and other Third-Party Sites and Services
The MomDash Site may include links to other websites, information, services and products of other persons and entities. Such links are provided solely for your convenience and for informational purposes. MomDash does not endorse or promote any such links or websites, information, services or products nor does MomDash make any warranties (express or implied) with respect to such links, websites, information, services or products. By clicking on and accessing such links you agree that you are accessing such links solely at your own risk. MomDash shall have no liability for the accuracy of such links (including any information on the applicable websites), the content on such websites, or the availability of such websites, information, services or products.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE MOMDASH SITE, SERVICES AND THE MOMDASH CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOMDASH AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
MOMDASH DOES NOT REPRESENT OR WARRANT AS TO THE QUALITY OF ANY PRODUCTS OR SERVICES RECEIVED IN CONNECTION WITH YOUR USE OF THE MOMDASH SITE AND SERVICES, INFORMATION OR CONTENT PROVIDED BY OR OBTAINED THROUGH THE MOMDASH SITE OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY MOMDASH CONTENT, OR INFORMATION OBTAINED THROUGH THE MOMDASH SITE OR SERVICES, INCLUDING INFORMATION PROVIDED BY A PURCHASER OR A PROVIDER. MOMDASH DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE MOMDASH SITE AND IN THE MOMDASH CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE MOMDASH SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOMDASH ALSO MAKES NO WARRANTY THAT THE MOMDASH SITE, SERVICES OR MOMDASH CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON A SECURE BASIS. MOMDASH DOES NOT GUARANTEE THAT YOU WILL BE ABLE ACCESS OR USE THE MOMDASH SITE OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOMDASH OR THROUGH THE MOMDASH SITE, SERVICES, OR MOMDASH CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MOMDASH SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE CANCELLATION OR RESCHEDULING OF ANY CLASS OR ACTIVITY BOOKED THROUGH THE MOMDASH SITE BY ANY PURCHASER.
Indemnification and Release
In the event that you have a dispute with a Purchaser, you release MomDash (and our officers, directors, members, agents, parent, subsidiaries, joint ventures, related companies, agents, representatives and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Notices and Communications
Governing Law; Dispute Resolution
You consent to personal jurisdiction, and agree to bring all actions, exclusively in state and federal courts located in Montgomery County, Ohio. Notwithstanding anything to the contrary contained in this section “Governing Law/Dispute Resolution”, in the event you bring a lawsuit seeking damages (other than those damages available in the small claims division of the Civil Court of Dayton), you shall submit your dispute to be resolved by binding arbitration with three arbitrators pursuant to the rules of the American Arbitration Association. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
No Waiver; Cumulative Remedies
No failure to exercise and no delay in exercising, on the part of the MomDash, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.
Neither party shall be deemed to be, or represent the other party as, an employee, agent, or subcontractor of the other party. Neither party will represent that it has any authority to assume or create any obligation, whether express or implied, on behalf of the other party.