www.hearditfromamom.com (the “Site”) is owned by FPV Associates LLC, d/b/a Heard it From a Mom. (“HIFAM”, “we” or “us”). This is an agreement between you and HIFAM. Please read it carefully as it is binding on you and covers the services provided on the Site (“the Service”).
Acceptance of Terms. HIFAM provides a marketing service where HIFAM listens to Moms and lets Moms be heard to make a difference in the marketplace. Moms are socially connected in the physical and virtual world and exercise powerful influence. HIFAM is dedicated to harnessing the powerful collective voice of Moms to help manufacturers shape, develop and sell products to her by 1) valuing her opinion; and 2) engaging her in meaningful two-way dialogue. HIFAM will be a dedicated product site, not another Mom lifestyle site. HIFAM is committed to reshaping the existing marketing model for products by empowering Moms to create ”Product Relays” whereby Moms try new products and can send samples of those new products to other Moms they believe would value them, free of charge. Subject to the availability of the products, Moms can send samples to as many or as few Moms as they like but have no obligation to send products on to other moms.
Registration. You must register to use the Site and provide basic information for us to get to know you better. Registration is free. You must be at least 18 years old and a mother to be eligible to register and use the Services. The Site and Services are intended for use by Moms and are not intended for anyone under the age of 18.
When you register with HIFAM, you will be asked to provide us with personally identifiable information that we may request, all of which will become part of your profile and which you can add to or change from time to time. You will also be asked to select a screen name and password which will serve to identify you as a registered user each time you visit the Site and allow you to access your account. You may not (i) select or use a screen name of another person with intent to impersonate that person, (ii) use a screen name in which another person has rights without authorization from that person, or (iii) use a screen name that HIFAM, at its sole discretion, deems offensive. You will be asked for your address and the number of children and their range of ages/school.
Product Relay. We will work with various websites to have Product Relays available on a first come first serve basis. Once you have registered and participated in a Product Relay you can provide the email addresses of other Moms who can then also register and participate.
Site Content. The HIFAM site and material available through the Service may contain links to other websites, which are completely independent of HIFAM. Those links do not imply any endorsement by HIFAM and HIFAM makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such websites. Your linking to any other websites is at your own risk.
Proprietary Rights. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. We retain full copyright ownership, rights and protection in all material contained on the Site (including all software, HTML code and other code). None of the material contained in the site may be reverse-engineered, disassembled, decompiled, transcribed, resold or redistributed without our specific prior written consent in each instance. The use of material, including, without limitation, logos, text, graphics and other copyrightable materials on the Site are limited to one copy for personal, non-commercial viewing and use only. Some material are copyrighted by third parties and users may not modify, copy, distribute, transmit, display or otherwise provide any content without the prior written consent of HIFAM. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the site shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media nor stored in a computer except for personal and non-commercial use. With the exception of content posted by registered users of the Site, all content of the Site is owned by HIFAM. All rights are reserved.
Trademarks. Heard it From a Mom, HIFAM and our logo are trademarks of ours and are protected by state and federal laws. Other logos, and trademarks and service marks depicted on this site are the property of their respective owners. Your unauthorized use of trademarks appearing on the site may constitute a violation of law, which could subject you to substantial civil penalties.
Disclaimer of Warranties. You agree that use of the site and the Service is entirely at your own risk. THE SITE, THE SERVICE and any third party content posted on the site ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE) OR SERVICES, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT HIFAM MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT HIFAM DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. HIFAM (i) disclaims any warranties for the security, reliability timeliness, accuracy and performance of the HIFAM site and the Service. (ii) disclaims any warranties for other service or products received through or advertised on the HIFAM site or the Service or accessed through any links on the HIFAM site, and (iii) disclaims any warranties for viruses or other harmful components in connection with HIFAM or the Service. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPlY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. To the fullest extent permitted by law,
HIFAM DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY CLAIMS MADE OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OBTAINED FROM THE SERVICE OR A LINKED SITE. YOUR USE OF THE SERVICE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE PRODUCTS, SERVICES OR CONTENT CONTAINED ON THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.
Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL HIFAM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HIFAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE HIFAM SITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES whether the damages arise from use or misuse of the HIFAM site or the Service, from the inability to use the HIFAM site or the Service, or the interruption, suspension, modification, alteration, or termination of the HIFAM site or the Service.Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the site or the Service or any links on the HIFAM site, as well as by reason of any information or advice received through or advertised in connection with the site or the Service or any links on the HIFAM site. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, THE AGGREGATE LIABILITY OF HIFAM AND ANY OTHER PARTY INVOLVED IN CREATING, administrating, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID by the COMPLAINANT TO HIFAM OR $10. These limitations shall apply to the fullest extent permitted by law.
User Responsibility. You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold HIFAM, and its subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that any of them may incur arising out of or in connection with your use of the Service or Site or a violation of these Terms.
Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to HIFAM, the Services, the content or the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred. You agree that, with the exception of injunctive relief sought by HIFAM for any violation of HIFAM’s proprietary or other rights, any and all disputes relating to these Terms, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the “AAA”) before a single independent arbitrator designated by the AAA. The location of arbitration shall be New York, New York, USA.