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Terms of Use

TERMS AND CONDITIONS

 

AGREEMENT BETWEEN USER AND www.sexymommas4change.com aka www.pregnancysafecosmetics.com.

Welcome to www.sexymommas4change.com aka www.pregnancysafecosmetics.com. The www.sexymommas4change.com aka www.pregnancysafecosmetics.com.website (the "Site") is comprised of various web pages operated by Sexy Mommas Inc. www.sexymommas4change.com and www.pregnancysafecosmetics.com. is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.sexymommas4change.com aka www.pregnancysafecosmetics.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

www.sexymommas4change.com or www.pregnancysafecosmetics.com. is an E-Commerce Site used to sell products related to pregnancy, breast-feeding or trying-to-concieve, including beauty products, lactation and newborn gift boxes, and others.

 

We may add additional pages or websites from time to time, and these Terms of Use will govern those new pages or websites when added. You may be accessing the Website from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of the Website and your conduct, regardless of the means of access. Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

 

PRIVACY

 

Your use of www.sexymommas4change.com is subject to Sexy Mommas's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

ELECTRONIC COMMUNICATIONS

 

Visiting www.sexymommas4change.com or sending emails to Sexy Mommas 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 Site, satisfy any legal requirement that such communications be in writing.

 

CHILDREN UNDER THIRTEEN 

 

Sexy Mommas does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.sexymommas4change.com only with permission of a parent or guardian.

 

PRODUCT INFORMATION

 

The Products displayed on the Website can be ordered and delivered only within the United States and select countries. See the Shipping Information section of the Website for more information, in cluding information regarding shipping timelines. All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S.



 

The Products available on the Website, including any samples Sexy Mommas  may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Sexy Mommas . Sexy Mommas  reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of this Agreement, as determined by Sexy Mommas  in its sole discretion.

Except where prohibited by law, Sexy Mommas  may limit the number of Products available for purchase.

 

DISCLAIMER: THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE, ENDORSEMENTS, OR GUARANTEES

 

The information, including but not limited to, text, graphics, images and other material contained on this website are for informational and educational purposes only.

 

No material on this site, including doctor’s testimonies, constitute endorsements if any kind. The statements made about Products have not been evaluated by the U.S. Food and Drug Administration or any other government agency. And the results reported, if any, may not necessarily occur in all individuals. The statements on the Website and Products sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any Product purchased on the Website, it should be only after the legal or parental guardian has discussed the Product with the minor's doctor .

All Products should be used strictly in accordance with their instructions, precautions and guidelines and recommended best when used within timelines, if specified. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Sexy Mommas does not give or intend to give any answers to medical-related questions. Sexy Mommas does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.



 

What is considered healthy and safe differs from person to person. The information in this website including all pages under www.sexymommas4change.com is provided only as a guideline to be used in discussions with a healthcare professional. What is safe or healthy for a user/customer of this site must be determined by the user himself and his/her own doctor. None of the material in this website or other Sexy Mommas social media accounts is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition, treatment and/or what is considered safe and healthy for you and/or before undertaking an initiative. And never disregard professional medical advice or delay in seeking it, because of something you have read on this website.

 

No material on this site, including doctor’s testimonies constitute a guarantee of any kind. The words: pregnancy safe, lactation/nursing safe, and/or Trying-to-conceive safe DO NOT GUARANTEE NOR CONSTITUTE ANY KIND OF GUARANTEE of any particular pregnancy outcome, conception effort outcome, or any outcome related to the health of an embryo, a fetus, and or an infant.

 

New in research comes out every day. While Sexy Mommas makes every effort to keep abreast of the research and to create products that we believe are safe for embryos, fetuses, and nursing infants, it is ultimately the responsibility of the user/consumer do his or her own research, to consult his or her own physician, to look at the ingredients in every product before purchase. The Customer is solely responsible for evaluating and selecting products and determining whether each product is fit, safe and right, for a particular purpose and suitable for Customer’s use and method of application. Products are not manufactured to any Customer requirements or specifications.

 

Products and advice by Sexy Mommas make no claim to cure or prevent any disease or medical problem and is not intended to substitute other therapy or medical advice. All products are for external use only.


 

COLOR INFORMATION

 

While Sexy Mommas has tried to accurately display the colors of products, the actual colors you see will depend on your monitor/screen and may not be accurate.

 

PURCHASE & PAYMENT

 

Sexy Mommas  bills through an online billing account for purchases of Products and/or services. You agree to pay Sexy Mommas  all charges at the prices then in effect for the Products you or other persons using your billing account may purchase, and you authorize Sexy Mommas  to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Sexy Mommas  reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Sexy Mommas. Sexy Mommas  may change prices at any time. All payments shall be in U.S. dollars.

 

RETURNS AND EXCHANGES

Once a purchase has been made it can not be returned or exchanged, refunded, or cancelled. 

 

MOBILE SERVICES

 

If you access the Website via your mobile phone or tablet device (through an iPhone application, for example), we do not currently charge for this access. Please be aware that if you access the Website via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

 

LINKS TO THIRD PARTYSITES/THIRD PARTY SERVICES

 

www.sexymommas4change.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Sexy Mommas and Sexy Mommas 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. Sexy Mommas is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sexy Mommas of the site or any association with its operators.

 

Certain services made available via www.sexymommas4change.com may be delivered by third party sites and organizations. By using any product, service or functionality originating from the www.sexymommas4change.com domain, you hereby acknowledge and consent that Sexy Mommas may share such information and data with any third party with whom Sexy Mommas has a contractual relationship to provide the requested product, service or functionality on behalf of www.sexymommas4change.com users and customers.

 

INTELLECTUAL PROPERTY/ NO UNLAWFUL OR PROHIBITED USE

 

You are granted a non-exclusive, non-transferable, revocable license to access and use www.sexymommas4change.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Sexy Mommas that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Site or Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sexy Mommas or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Sexy Mommas content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Sexy Mommas and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sexy Mommas or our licensors except as expressly authorized by these Terms.

 

USER REPRESENTATIONS AND YOUR ACCOUNT

 

Your Account

If you use this site, you are responsible for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Sexy Mommas is not responsible for third party access to your account that results from theft or misappropriation of your account. Sexy Mommas and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Regarding Your Registration

By registering an account on the Website, you represent and warrant that:

  • all registration information you submit is truthful and accurate;

  • you will maintain the accuracy of such information;

  • you will keep your password confidential and will be responsible for all use of your password and account;

  • you are not a minor in the jurisdiction in which you reside; and

  • your use of the Website does not violate any applicable law or regulation.

Regardless of whether you register an account on the Website, if you provide any information on/to the Website that is untrue, inaccurate, not current or incomplete, or if Sexy Mommas  has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sexy Mommas  has the right to suspend or terminate your account and/or refuse you any and all current or future use of the Website (or any portion thereof). We reserve the right to remove or reclaim or change a user name you select if we determine in our discretion that it is inappropriate, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.

 

Regarding Content You Provide

The Website may invite you to submit Product reviews, feedback/suggestions, chat or participate in blogs, online forums and other interactions with the Website and other users (collectively termed “Communication Services”), and may provide you with the opportunity to create, submit/send us for publication, post, display, transmit, perform, publish, distribute or broadcast content and materials to Sexy Mommas and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”).  Any Contributions you transmit to Sexy Mommas  will be treated as non-confidential and non-proprietary. No compensation will be paid with respect to the use of your Contributions, as provided herein. Sexy Mommas is under no obligation to post or use any Contribution you may provide and may remove any Contribution at any time in Sexy Mommas's sole discretion. When you create or make available a Contribution, you thereby represent and warrant that:

  • the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

  • you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Sexy Mommas and users of the Website to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;

  • you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;

  • your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Sexy Mommas), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

  • your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors;

  • your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

  • your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and

  • in submitting your Contribution you have not used a false e-mail address, pretended to be someone other than yourself, or otherwise misled Sexy Mommas or third parties as to the origin of any Contribution.

Sexy Mommas has no obligation to monitor the Communication Services. However, Sexy Mommas reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Sexy Mommas reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

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.

 

Sexy Mommas 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 Sexy Mommas's sole discretion.

 

CONTRIBUTION LICENSE

 

By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Sexy Mommas  an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid (by you), worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your name, image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Sexy Mommas does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Sexy Mommas has the right, in our sole and absolute discretion, to (i) remove, edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

By uploading your Contributions to the Website, or sending them to us to do so, you hereby authorize Sexy Mommas  to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal or personal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.

 

PROHIBITED ACTIVITIES
​

You may not access or use the Website for any purpose other than that for which Sexy Mommas makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Sexy Mommas. Prohibited activity includes, but is not limited to:

  • attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;

  • attempting to impersonate another user or person or using the username of another user;

  • criminal or tortious activity;

  • deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;

  • deleting the copyright or other proprietary rights notice from any Website content;

  • except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software on the Website;

  • harassing, annoying, intimidating or threatening any Sexy Mommas employees or agents engaged in providing any services to you;

  • interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;

  • making any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;

  • selling or otherwise transferring your user profile;

  • systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Sexy Mommas;

  • tricking, defrauding or misleading Sexy Mommas and/or other users, especially in any attempt to learn sensitive account information such as passwords;

  • using any information obtained from the Website in order to harass, abuse, or harm another person;

  • using the Website or data or other content from the Website as part of any effort to compete with Sexy Mommas or to provide services; and/p>

  • using the Website in a manner inconsistent with any and all applicable laws and regulations.

Our Website Management Company reserves the right but does not have the obligation to:

  • monitor the Website for violations of these Terms of Use and take appropriate legal action against anyone who, in Sexy Mommas’ sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

  • in Sexy Mommas' sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Company policy;

  • in Sexy Mommas' sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Sexy Mommas' systems; and

  • otherwise manage the Website in a manner designed to protect the rights and property of Sexy Mommas and others and to facilitate the proper functioning of the Website.

 

CHOICE OF LAW/FORUM SELECTION

 

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California.

 

DISCLAIMER OF WARRANTIES

 

SEXY MOMMAS IS PROVIDING THE WEBSITE AND ITS CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SEXY MOMMAS DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SEXY MOMMAS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

 

DISCLAIMER OF LIABILITY

 

SEXYMOMMAS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

 

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SEXY MOMMAS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

SEXY MOMMAS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SEXY MOMMAS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEXY MOMMAS 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, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES OR PRODUCTS, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SEXY MOMMAS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 

 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

This provision does not apply to New Jersey residents.

 

INDEMNITY

 

You agree to defend, indemnify and hold Sexy Mommas, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Contributions, your use of, or inability to use, the Site or services, any user postings made by you, your violation of any rights of a third party, your violation of any applicable laws, rules or regulations or your breach of this Agreement and/or your breach of your representations and warranties set forth above.

 

INTERNATIONAL USERS

 

The Service is controlled, operated and administered by Sexy Mommas from our offices within 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 Sexy Mommas Content accessed through www.sexymommas4change.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

ARBITRATION

 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

CLASS ACTION WAIVER

 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Sexy Mommas agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.


 

TERMINATION OF SITE SERVICES/ACCESS RESTRICTION

 

Sexy Mommas reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. 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 Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sexy Mommas as a result of this agreement or use of the Site. Sexy Mommas's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sexy Mommas's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sexy Mommas 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.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sexy Mommas with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sexy Mommas with respect to the Site. 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.

 

CHANGES TO TERMS

 

Sexy Mommas reserves the right, in its sole discretion, to change the Terms under which www.sexymommas4change.com is offered. The most current version of the Terms will supersede all previous versions. Sexy Mommas encourages you to periodically review the Terms to stay informed of our updates.

 

CONTACT US

 

Sexy Mommas welcomes your questions or comments regarding the Terms:

 

Online Compliance Department

6 North Rancho Court

El Sobrante, California 94803


 

Email Address:

Info@sexymommas4change.com


 

Effective as of September 01, 2022

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