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Discover local activities and services for kids | Mom Dash

Discover local activities and services for kids | Mom Dash

Terms of Use and Agreement

 

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.

Listing Process

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

In order to search for and enroll in classes and activities listed on the MomDash Site, you must sign up and create an account online through the MomDash Site.  Your account and the information you provide will be subject to the MomDash Privacy Policy.  When creating an account, you will be asked to create a password.  You acknowledge and agree that you will not disclose your password to any third party.  You will be solely responsible for maintaining your password and all actions, content and activities set forth in or taken under your account.  If your password has been stolen or hacked into, please immediately contact MomDash at info@MomDash.com.

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.

Content

MomDash Ownership and MomDash Content

All software used on the MomDash Site is the property of MomDash or its software suppliers and protected by United States and international copyright laws and other applicable laws.  We also own the MomDash Site, the trademarks, service marks and domain names displayed on the MomDash Site (unless otherwise noted), whether registered or unregistered, and all text, logos, photographs, graphics, images, music, software, audio, video, location data, information or other materials, and all other forms of data or communication (other than your Content (as defined below) and any other Content supplied to us by third parties) (collectively, the “MomDash Content”) and the MomDash Content is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, MomDash and its licensors exclusively own all right, title and interest in and to the MomDash Site and in the MomDash Content, including all associated intellectual property rights. You represent and warrant that you will not remove, alter, conceal or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MomDash Site nor shall you use, sell, transfer, reproduce, download, distribute, publicly display, edit, publish, copy, print, license or create derivative works from any of the MomDash Content without the prior written consent of MomDash.

User 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 may permit, in our sole and absolute discretion, you to post, submit, upload, send or transmit Content to, through, on or in connection with the MomDash Site or the Services.  By making available any Content through the MomDash Site, you automatically grant (and represent and warrant that you have the right to grant) to MomDash and its affiliates and successors, a worldwide, irrevocable, perpetual, non-exclusive, fully paid, transferable, royalty-free license, with the right to sublicense, publicly display, reproduce, reformat, use, copy, adapt, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on or by means of the MomDash Site. MomDash does not claim any ownership rights in any such Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any such Content.   You also irrevocably grant other users of the MomDash Site the right to access, display, view and store your Content on the MomDash Site. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution against MomDash and the users of the MomDash Site with respect to your Content. You also represent and warrant that public posting and use of your Content by MomDash will not infringe or violate the rights of any third party or, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.  Further, you agree that MomDash has not and will not endorse any of your Content nor will you represent (whether expressly or implied) that MomDash has endorsed your Content.  You understand that all Content and submissions thereof on the MomDash Site are the sole responsibility of you as a User and owner of an account on the MomDash Site and therefore you, and not MomDash, shall bear all responsibility for your Content and all consequences and liability that may arise therefrom.

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.

Services

MomDash may from time to time add new services to the Services, modify the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services.   We will provide information about the new services on the MomDash Site, and the users of new services will be governed by these Terms of Use.  You acknowledge and agree that MomDash will not be liable to you or any third party for any modification, suspension or discontinuation of any of the Services.  

Prohibited Uses, Conduct and Content

You shall be liable for any illegal or unlawful use of the MomDash Site or the Services or any use of the MomDash Site or the Services prohibited by these Terms of Use.  By accessing the MomDash Site and using the Services you agree to comply with all applicable laws.

You agree not to, and will not permit, enable, assist or cause any other individual or entity through your account to:

  • Post, submit, upload, send or transmit any text, images, photos, video, audio, location data, graphics, logos, information, reviews and all other forms of communication or data (collectively, “Content”) that contains (a) vulgar, defamatory or offensive language (including, without limitation, any Content that promotes racism, discrimination, hatred, bigotry, hatred or harm of any kind against any other person or group), (b) Content that is fraudulent, false or misleading, (c) Content that is harassing or threatening to any other person or (d) Content that violates any applicable law, statute or regulation.
  • Post, submit, upload, send or transmit any Content that could be harmful to minors.
  • Post, submit, upload, send or transmit any Content that promotes illegal activities.
  • Make unsolicited offers, advertisements or promotions or transmit "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
  • Upload material or software (including, without limitation, any virus) that is damaging to computer systems or data of MomDash or any user of the MomDash Site.
  • Post, submit, upload, send or transmit any Content that infringes on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or any other Content that you do not have the legal right to post, submit, upload, send, transmit or other distribute to others.
  • Post, submit, upload, send or transmit any Content that is pornographic or sexually explicit or otherwise inappropriate in nature.
  • Solicit or share passwords or personal information.
  • Impersonate another person or entity or access another user’s account without such user’s prior consent nor send false source-identifying information.
  • Violate these Terms of Use.
  • Use the MomDash Site that could damage or impair another party’s or entity’s use of and access to the MomDash Site.
  • Attempt to gain unauthorized access to the MomDash Site or interfere with, modify, or restrict in any manner or form any features of the MomDash Site or the MomDash Site itself.
  • Attempt to breach any security or authorization measures of the MomDash Site.
  • Attempt to scrape, retrieve, or use other automated means (including any robot, scraper or spider) to access the MomDash Site, the Services or any MomDash Content.
  • Use or display any of the MomDash Content without the prior written consent of MomDash.
  • Engage in commercial activities and/or sales without the prior written consent of MomDash including, without limitation, engaging in any advertising, and pyramid schemes.

You acknowledge and agree that MomDash has no responsibility to monitor your actions or Content or your use of the MomDash Site and Services, but MomDash has the right to do so to ensure you are complying with these Terms of Use and applicable law.  MomDash shall have the right to investigate and prosecute any violations of these Terms of Use or applicable law.  If you violate these Terms of Use or the law or perform any actions or access the MomDash Site in a manner that MomDash deems inappropriate or objectionable in its sole discretion, MomDash shall have the right to immediately terminate, without prior notice or without your prior consent, your account and your access to the MomDash Site and the Services

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.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE MOMDASH SITE, SERVICES AND MOMDASH CONTENT REMAINS WITH YOU. UNDER NO CIRCUMSTANCES WILL MOMDASH, ITS AFFILIATES OR ITS SUBSIDIARIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES OR ANY OTHER LOSS OR INJURY THAT RESULTS FROM, ARISING OUT OF OR IN CONNECTION WITH USE, OR THE ABILITY TO USE, OF THE MOMDASH SITE, THE SERVICES OR MOMDASH CONTENT, EVEN IF MOMDASH OR ANY AUTHORIZED REPRESENTATIVE OF MOMDASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL MOMDASH OR ITS AFFILIATES OR ITS SUBSIDIARIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OR ANY THIRD-PARTY PARTNERS OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE MOMDASH SITE, SERVICES OR MOMDASH CONTENT (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE).   

Indemnification and Release

You hereby acknowledge and agree that you will defend, release, indemnify and hold MomDash, its subsidiaries, affiliates, any related companies, joint ventures, and partners, and the officers, directors, members, employees, agents and representatives of each of them harmless from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, all legal fees and expenses, arising out of or resulting from (i) your access to or use of the MomDash Site, Services or MomDash Content; (ii) your Content; (iii) your or the applicable child’s interaction and relationship with a Purchaser; (iv) your breach or violation of these Terms of Use; or (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

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

Any notices or other communications permitted or required under these Terms of Use or otherwise will be made in writing via email.  All notices and communications sent to MomDash shall be sent to info@MomDash.com.  All notices and communications sent to you shall be sent to your email address set forth in your account set up on the MomDash Site.  You hereby agree to provide immediate written notice to MomDash of any change in your email address.  For notices and communications sent by email, the date of receipt of such notice or communication shall be deemed the date on which such notice or communication is transmitted, or if such date is a non-business day, on the immediately succeeding business day.  

Assignment

You may not assign or transfer these Terms of Use, your rights and obligations under these Terms of Use or your account, without the prior written consent of MomDash.  Any assignment or transfer by you without the prior written consent of MomDash shall be null and void.  MomDash shall have the right to assign or transfer these Terms of Use without restriction. These Terms of Use shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

Governing Law; Dispute Resolution

These Terms of Use and any claim, controversy, dispute or cause of action (whether in contract or tort or otherwise) based upon, arising out of or relating to these Terms of Use and the transactions contemplated hereby and thereby shall be governed by, and construed in accordance with, the laws of the State of Ohio.  

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.

Severability

If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

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.

No Agency

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.  

Contacting MomDash

If you have any comments, concerns or questions about this Terms Of Use, please contact us on email at info@momdash.com.