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Terms of Service



Last Updated: April 2008

PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE AND ALL SERVICES OFFERED THROUGH THE WEBSITE.

This Website (the "Site") is owned and operated by CMI Marketing, Inc., d/b/a ClubMom ("ClubMom"). Whether you are a ClubMom Member ("Member") or a visitor to our Site, your use of the Site and all Services offered are subject to these Terms of Service ("TOS"). ClubMom reserves the right to update or change these TOS at any time by posting the most current version of the TOS on the Site. Your continued use of the Site after we post any changes to the TOS signifies your agreement to any such changes. If you do not agree to these TOS, you should not use this Site and, if applicable, you should cancel your membership in ClubMom.

This Site offers a number of Services including message boards, blogs, member-provided and partner-provided content, social networking features, a Rewards Program, gift card store, Rewards Catalog, online retail store, ClubMom membership and more ("Services"). ClubMom reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services offered on the Site with or without notice to you. You agree that ClubMom shall not be liable to you or any third party for any modification, suspension or discontinuance of any or all Services.

Privacy.

Any information provided by you or gathered by ClubMom or third parties during any visit to the Site is subject to the terms of the ClubMom Privacy Policy, the terms of which are incorporated by reference in these TOS. For the full text of our Privacy Policy, please click here.

Registering as a ClubMom Member.

You do not have to be a ClubMom Member to use this Site. However, only Members can access some of the most popular features and Services that ClubMom has to offer. Membership is free and is open to legal U.S. residents who are 16 years old or older. If you are not registered with us, please click here to register and become eligible for all of ClubMom's features.

To register, you must provide us with your name, address, email address and other information that we may ask for from time to time ("Registration Data"). You will also be asked to select a password which, along with your email address (or user name) will serve to identify you as a Member each time you visit the Site and allow you to access your account. You may not (i) select or use a user name of another person with intent to impersonate that person, (ii) use a user name in which another person has rights without authorization from that person, or (iii) use a user name that ClubMom, at its sole discretion, deems offensive. Members are not permitted to have more than one account or to share accounts with another person. Any duplicate accounts are subject to cancellation and all ClubMom Points accumulated will be forfeited.

You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update the Registration Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or ClubMom has reasonable grounds to suspect that you have, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof). Members must immediately notify ClubMom of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Each Member is responsible for the confidentiality of their user name and password and all usage or activity on their account, including use of the account by any third party (which is prohibited), whether or not such use is authorized by the Member or the result of the Member authorizing a third party to use the Member's username and password.

You can register to receive ClubMom newsletters by completing a short form registration. You will not be a ClubMom Member when you complete this short form. However, you can convert this limited registration into a full membership at any time by completing the full membership registration form.

Communications from ClubMom

By registering for ClubMom, you will receive offline as well as online communications from ClubMom. To opt out of receiving online communications from ClubMom or to choose which types of communications you wish to receive, you may visit "My Account," to select the types of communications you wish to receive or send an email to memberservices@clubmom.com. In addition, you may opt out of receiving a specific type of online communication at any time by following the unsubscribe instructions included in every online communication you receive from ClubMom.

ClubMom Rewards Program

As a Member, you may participate in the ClubMom Rewards Program. Members who participate in the Rewards Program earn ClubMom Points ("ClubMom Points") when they make qualifying purchases from the Site and engage in other points earning activities which are promoted from time to time on the Site and in emails. ClubMom Points are redeemable from ClubMom for merchandise from the Clubmom online Rewards Catalog. ClubMom is under no obligation to provide a particular number of opportunities for you to earn ClubMom Points. The activities that will allow you to earn ClubMom Points may change from time to time, at ClubMom's sole discretion. You will earn ClubMom Points based on the pre-tax dollar amount of qualifying purchases. Limitations apply.

Typically, ClubMom Points will be posted to a Member's account within 2-14 days after a qualifying purchase, but on occasion may not be posted until up to ninety (90) days after purchase. ClubMom Points are available for redemption on the day they are posted to a Member's account. Once a Member redeems some or all of her or his ClubMom Points, the appropriate number of points will be deducted from the Member's account. Merchandise from the Rewards Catalog is available only while supplies last and quantities may be limited. ClubMom may change the merchandise available in the Rewards Catalog at any time. To view the Rewards Catalog on the Site, visit www.clubmom.com/rewardscatalog. Any items received as a result of redemption of ClubMom Points may not be exchanged or returned for cash or credit. However, except for gift cards and a few other nonrefundable items, most items received as a result of redemption of ClubMom Points may be returned within 45 days of their ship date, and in most instances, you will be credited with the ClubMom Points that were used to redeem the items. We expect to ship the majority of Rewards merchandise within 5 business days of a redemption order. Members are responsible for payment of a shipping and handling charge of $3.95 for each shipment of a boxed item of Rewards merchandise. (There is currently no shipping and handling charge for redemptions of vacations or for shipments of gift cards, magazines and certain other items.) ClubMom reserves the right to increase the shipping and handling charges at any time. Payment for shipping and handling must be made with a Visa, Mastercard or American Express credit card. ClubMom will not ship Rewards merchandise overseas. Rewards merchandise pictured on the Site or in the Rewards Catalog may not necessarily reflect exact colors or models of actual rewards due to printing variations and/or manufacturer's updates. ClubMom Points are non-negotiable, have no cash value, and may only be redeemed for the Rewards merchandise offered by ClubMom. ClubMom reserves the right to modify the number of ClubMom Points required to redeem any item at any time. Members may not transfer or assign to any other person or permit anyone to make use of their membership in ClubMom, the Rewards Program, accumulated ClubMom Points, privileges or access to the Site.

ClubMom may refuse to award ClubMom Points and may, at its discretion, terminate a person's membership in ClubMom if: (i) ClubMom determines, at ClubMom's sole discretion, that the Member did not properly complete all activities required to earn the ClubMom Points, (ii) ClubMom reasonably suspects that the Member engaged in conduct that is fraudulent, dishonest, illegal or a violation of these TOS in connection with the claim for ClubMom Points, or (iii) there is a genuine dispute about the Member's eligibility for the ClubMom Points which cannot be resolved to ClubMom's satisfaction after reasonable inquiry and efforts to do so. ClubMom reserves the right to adjudicate all ClubMom Points discrepancies at its sole discretion and Members agree to abide with any such adjudication.

ClubMom reserves the right to deduct ClubMom Points that were previously added to a Member's account if ClubMom determines, at its sole discretion, that the ClubMom Points were improperly awarded. ClubMom, the Rewards Program and the merchandise, services, rewards, offers and activities offered by ClubMom are void where prohibited by law.

How You Can Use the Services.

This Site and the Services offered are intended for your personal, noncommercial use. You may not and agree not to modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from the Services except as permitted herein. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Site or the Services. Further, you may not use any such automated means to manipulate the Site or the Services, such as automating what are otherwise manual or one-off procedures, or otherwise exceed the limited access granted to you by ClubMom.

Forums, Polls and Member-Provided Content.

ClubMom offers many opportunities for Members to share information and communicate with other Members, including through our various online forums, such as The MomNetwork (ClubMom's social networking feature), blogs, message boards, and through ratings, surveys, polls, and more ("Forums"). ClubMom also publishes tens of thousands of articles and tips written and submitted by our Members, Go-To Moms and Mom Experts and our partners on topics that matter to moms. Visitors to the Site can read most of the content on the Site but cannot post or submit content.

Use of the Site and all information of any kind, including graphics, text, photos and images, that is posted, uploaded, transmitted or otherwise submitted by Members to the Site ("Member Content") is subject to the following terms.

(1) You take responsibility for all Member Content posted under your username. If you post or submit any material to the Site, you guarantee to us that you have legal rights to post that material and that it will not violate any law or the right of any person.

(2) ClubMom is under no obligation to return any Member Content to you or to acknowledge receipt.

(3) You acknowledge that by using the Site, you may be exposed to Member Content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any Member Content, including content provided by Go-To Moms and Mom Experts, nor do we endorse such content. We do not verify the identity of people using our Site, and you assume the risk of believing any Member Content you read.

(4) We do have the right, but not the obligation, to monitor, screen, edit, review or remove any Member Content at any time and without notice if we believe it will improve our Site, or if we determine that (a) the content violates these TOS or any other agreement you have with ClubMom to supply content, (b) removal is necessary to protect the rights, property or personal safety of ClubMom, its users and the public, or (c) if required to do so by law.

You should also be aware that any Member Content posted or submitted to our Site will become public and any personal information you post will be accessible to any visitors to our Site.

Conduct of Members and Visitors.

We believe that all Members and visitors benefit from basic rules regarding conduct while using the Services. Accordingly, we ask you, and you agree to obey the following basic rules of conduct when using the Site:

(1) You will follow these TOS and all applicable laws;

(2) You will not upload, post, email or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole judgment);

(3) You will not upload, post, email or otherwise transmit any content that infringes and/or violates the right of a third party or any law, rule or regulation including but not limited to (a) copyright, patent, trademark, trade secret, or other proprietary right, (b) right of privacy (specifically, you may not distribute another person's personal information without their permission), or publicity; (c) any confidentiality obligation; or (d) any content which you do not have a right to upload.

(4) You will not use the Site or the Services to advertise products or services or for other commercial purposes;

(5) You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact, or harass another user or ClubMom employee;

(6) You will not use the Services to harm minors;

(7) You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;

(8) You will not post, distribute or transmit any content or software or other computer files that contains a computer virus or other harmful component;

(9) You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used in the Internet; and

(10) You will comply with the Community Guidelines.

License to Use Content Submitted.

By submitting Member Content to the Site, you grant ClubMom a perpetual, world-wide, royalty-free, and non-exclusive license to reproduce, distribute, modify, display, adapt, and create derivative works from the Member Content, for any commercial purposes, and to use your name, likeness and any personal information you submit with the Member Content without your prior approval or the payment of any compensation. If ClubMom has entered into a separate written agreement with you covering Member Content or other content provided by you for the Site or Services, then such separate written agreement shall govern to the extent there is a conflict with these TOS.

Proprietary Rights

All material published on the Site, including, but not limited to articles, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials (collectively, "Content") is owned by ClubMom or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. ClubMom owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Site.

All trademarks appearing on this Site ("Marks") are trademarks of their respective owners, including ClubMom and its partners. Users are prohibited from using any Marks without the written permission of ClubMom or such third party that may own the Marks.

You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part without ClubMom's prior written consent. You may download, whenever specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Copying or storing of Content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the Content.

No License Granted.

Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of ClubMom. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER CLUBMOM PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.

Protecting Children.

Because the safety of children is very important to us, ClubMom complies with the Children's Online Privacy Protection Act. ClubMom does not encourage participation or visitation by children. Visitors who are known to be under the age of 16 are prohibited from becoming ClubMom Members. ClubMom does not knowingly collect personal information from children under the age of 13

Links.

The Site, or Members, may provide links to other World Wide Web sites or resources. Because ClubMom has no control over such sites and resources, you acknowledge and agree that ClubMom is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that ClubMom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Indemnity.

You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold ClubMom, and its affiliates, 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 we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these TOS, applicable law or the rights of any third party.

Disclaimer of Warranties.

YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. 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 CLUBMOM MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT CLUBMOM 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.

YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TOS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES

TO THE FULLEST EXTENT PERMITTED BY LAW, CLUBMOM DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO 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 AND SERVICES.

THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT CLUBMOM IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, FINANCIAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. CLUBMOM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE REGARDING ANY SITUATION THAT REQUIRES SUCH ATTENTION.

Liability Disclaimer.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLUBMOM OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF CLUBMOM HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten dollars ($10).

Access Restrictions; Termination.

We can suspend or terminate your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, at ClubMom's sole discretion, you fail to comply with any of the TOS. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the TOS shall survive.

You understand and agree that your membership in ClubMom is subject to and conditioned upon the following: Your continued adherence to these TOS and any future modifications thereto. Your violation of these TOS or any other agreement between you and ClubMom constitute grounds for immediate termination of your membership without further notice at ClubMom's sole discretion. Termination of your membership will result in cancellation of all accumulated ClubMom Points and all rights of access and use granted to Members. ClubMom reserves the right to change, discontinue or suspend ClubMom and/or the Rewards Program at any time for any reason with our without notice. Members may terminate their membership at any time by sending an email to memberservices@clubmom.com to such effect, including their user name and password. ClubMom shall be the sole determiner in cases of suspected abuse, fraud, or breach of these TOS. Any decision ClubMom makes relating to termination or suspension of any Member's account (including the cancellation of ClubMom Points) shall be final and binding.

Right to Terminate Inactive Accounts and Cancel ClubMom Points.

Effective June 1, 2008, ClubMom's policy with respect to inactive accounts is as follows: ClubMom reserves the right to terminate any Member's account (including cancellation of all accumulated ClubMom Points) at its sole discretion if a Member has been inactive for a period of one hundred fifty (150) consecutive days. Alternatively, ClubMom may elect to cancel the inactive Member's ClubMom Points but keep the account open. A Member will be defined as inactive for purposes of this termination provision if that Member has not accrued or redeemed ClubMom Points, has not logged into the Site with her/his user name and password, or has not called ClubMom's customer service or contacted ClubMom in any other manner for 150 consecutive days.

Digital Millennium Copyright Act ("DMCA") Notice

Materials may be made available via the Site and the Services by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service.

If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) 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
(vi) 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.

All DMCA notices should be sent to our designated agent as follows:

ClubMom
Att: Legal Department
303 Park Avenue South, #1046
New York, NY 10010

Third Party Products and Services

You may order services, merchandise or other products through our Site from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise or other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transaction, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

Miscellaneous.

These TOS are the entire agreement between you and ClubMom. They supersede any and all prior or contemporaneous agreements between you and ClubMom relating to your use of the Site or the Services. If any part of these TOS is determined to be invalid or unenforceable, it will not impact any other provision of these TOS, all of which will remain in full force and effect. The failure of ClubMom to partially or fully exercise any rights or the waiver of ClubMom of any breach of these TOS by you, shall not prevent a subsequent exercise of such right by ClubMom or be deemed a waiver by ClubMom of any subsequent breach by you of the same or any other term of these TOS. The rights and remedies of ClubMom under these TOS and any other applicable agreement between you and ClubMom shall be cumulative, and the exercise of any such right or remedy shall not limit ClubMom's right to exercise any other right or remedy.

These TOS are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by ClubMom for any violation of ClubMom's proprietary or other rights, any and all disputes relating to these TOS, 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 an independent arbitrator designated by the AAA. The location of arbitration shall be New York, New York, USA.

You can direct any questions concerning these TOS to help@clubmom.com.