Terms of Use

Introduction

This Web Site is provided to you under these “Terms of Use” and any amendments or supplements to them that may be posted by Mom, Inc. (“Modern Mom”) from time to time (collectively referred to as this “Agreement”). Your use of this Web Site shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not use the Web Site or order any items from it.

Ownership

This Web site (“Web Site”) is owned by Mom, Inc. (“ModernMom.com”). All right to, title to, and interest in the content displayed on the Web Site, including but not limited to the Web Site’s look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of ModernMom.com or its respective partners, agents, or third parties.

Modifications to the Agreement

ModernMom.com may make changes to the Agreement from time to time in its sole discretion, and will post any such changes on the Web Site. Each time changes are made to the Agreement, notice of these changes will be posted on the home page. Your continued use of the Web Site or placement of orders following the posting of changes constitutes your acceptance of any such changes.

Web Site Intended Audience

This Web Site is intended for and directed to adults in the United States only. This Web Site is not intended for any children under the age of 13.

Privacy

The information that we obtain through your use of the Web Site, whether through the registration process or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Web Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Web Site or order any items from it.

Electronic Communications

The information communicated on the Web Site constitutes an electronic communication. When you communicate with us through the Web Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Compliance With Laws

You agree to comply with all applicable local laws regarding your use of the Web Site, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.

User Conduct

You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials (“Content”) are the sole responsibility of the person with whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Web Site. You agree that you will not use the Web Site in any way to:

post, disseminate, or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy;

post, disseminate, or transmit any Content that infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;

post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;

post, disseminate, or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;

impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Web Site;

post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;

disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;

interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to the Web Site;

electronically stalk or otherwise harass another user;

collect or store personal data about other users;

engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;

use the Web Site for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other Web site’s providers, Web sites, chat rooms, or the like; or

intentionally or unintentionally violate any applicable local, state, national, or international law or any regulations having the force of law.

Protection of Intellectual Rights and License

You acknowledge that content available through the Web Site, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by ModernMom.com herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Web Site or any content (including, without limitation, any software) available through the Web Site. You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Web Site for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, distribute, or sell content retrieved from the Web Site in any way, for any commercial use or provide it to any commercial source, including other Web sites, regardless of whether you receive compensation, without the prior written permission of ModernMom.com. You may not frame any trademark, logo, or other proprietary information on this Web Site without the express written consent of ModernMom.com. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of ModernMom.com’s Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

User Content and Correspondence

You acknowledge that ModernMom.com does not generally prescreen Content, but that ModernMom.com and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via the Web Site. ModernMom.com reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, ModernMom.com and its designees will have the right to remove any Content that violates the Agreement or that ModernMom.com considers, in its sole discretion, objectionable, whether for legal or for other reasons. You understand that the technical processing and transmission of the Web Site, including your Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge and agree that ModernMom.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to

Details regarding our use of personally identifiable information included in Content are set out in our Privacy Policy. By posting Content to the Web Site or by transmitting Content using the Web Site, you

Bulletin boards and chat rooms contain the opinions and views of other users. ModernMom.com is not responsible for the accuracy of any messages on this site and you should always consult a physician or other qualified healthcare provider before relying on any information you find on this site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Any comments, materials, or letters sent by you to ModernMom.com regarding the Web Site, including, without limitation, questions, comments, suggestions, criticisms, or the like (“Received Materials”) shall be deemed to be nonconfidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter

ModernMom.com will have no obligation of any kind with respect to Received Materials that you do not restrict and ModernMom.com will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials that you do not restrict. Furthermore, ModernMom.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to ModernMom.com, whether you restrict its distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.

comply with legal process;

enforce the Agreement;

respond to claims that any Content violates the rights of third parties; or

protect the rights, property, or personal safety of ModernMom.com, its users, and the public.

represent and warrant to ModernMom.com that you have all necessary permission to post or transmit Content; and

grant to ModernMom.com a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

is “not for publication” and

contains “private and proprietary” information that may not be distributed.

Storage of Content

You agree that ModernMom.com may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content maintained, disseminated, or transmitted through the Web Site. You agree that ModernMom.com has no responsibility or liability for the deletion of or failure to store any messages, communications, or other Content maintained, disseminated, or transmitted through the Web Site. Your Contact With Advertisers or Other Third PartiesYour dealings with advertisers or other third parties found on or through the Web Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. ModernMom.com does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that ModernMom.com will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.

Purchasing Items on ModernMom.com

Product Descriptions

ModernMom.com attempts to describe the items available on the Web Site as accurately as possible. ModernMom.com does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product described on the Web Site is not as described when you receive it, your sole remedy is to return it to us in unused and undamaged condition in accordance with our Return Policy, which is described below.

Order Acceptance and Shipment

Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, we will promptly locate the product(s) you have ordered to place them in line for shipment. If, for some reason, we determine that we cannot ship your product within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. ModernMom.com is a reseller to end-use customers and does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Web Site.

Pricing and Sales Tax

We cannot confirm the price of an item until you place an order. We do not charge your credit card until your order is shipped. At the time that you place your order, it will include an estimate for sales tax; the actual amount will be charged at the time your order is shipped. We will add sales tax for orders to be delivered to addresses in the following states: California, Connecticut, and Virginia. Each customer is solely responsible for all sales/use taxes applicable to orders shipped to all other locations. The sales tax we charge will incorporate both state and local taxes and therefore may vary from one locale to another. It will be calculated based on state and local laws, which may include tax on shipping, handling, and gift-wrap charges. No sales tax is applied to gift certificates, but purchases paid for with gift certificates may be subject to tax.

Risk of Loss

All items purchased from ModernMom.com are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Return PolicyWithin thirty (30) days following your receipt of items purchased from ModernMom.com, you may return the items to ModernMom.com, for any reason, for a full refund, so long as they are returned unused and unopened, in the original packaging with full contents. We will process your return promptly and will remit your refund in the same form of payment originally used for purchase within thirty (30) business days of our receiving your return. If your return is not due to our error, we will deduct the shipping costs from your refund. If you are returning a gift, you will receive a store credit for the value of the returned item minus shipping costs. The credit may be used at any time toward purchases from ModernMom.com.

Other Web Sites

Links to Other Web sites

ModernMom.com, or third parties on ModernMom.com, may provide links to other sites and/or resources, including advertisers, over which ModernMom.com has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by ModernMom.com of content, items, or services on those third-party Web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. ModernMom.com makes no representations or warranties with respect to the Content, ownership, or legality of any such linked Web sites. You agree that ModernMom.com has no responsibility or liability for the availability of such external sites or resources, or for the Content, advertising, products, or other materials available through such sites or resources.

Linking to ModernMom.com

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ModernMom.com so long as the link does not portray ModernMom.com, its affiliates, or their items or services in a false, misleading, or offensive matter. You may not use any ModernMom.com logo or graphic or trademark as part of the link without the express written permission of ModernMom.com.

Information Disclaimer

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE WEB SITE ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND ARE NEITHER MEDICAL NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. NOTHING CONTAINED IN THE WEB SITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER ModernMom.com NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEB SITE. ModernMom.com AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEB SITE. WHILE ModernMom.com STRIVES TO KEEP THE INFORMATION ON THE WEB SITE ACCURATE, COMPLETE, AND UP-TO-DATE, ModernMom.com AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.

Disclaimer of Warranties With Respect to Use of Web Site

THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ModernMom.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ModernMom.com DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ModernMom.com MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ModernMom.com OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ModernMom.com BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM

THE USE OF, OR THE INABILITY TO USE, THE WEB SITE;

THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE;

THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES;

UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR

ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT ModernMom.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indentification

You agree to indemnify and hold harmless ModernMom.com, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Web Site; Content you submit, post, or transmit through the Web Site; your breach of the Agreement; and your connection to the Web Site.

Trademark Notices

ModernMom.com is a registered trademark of ModernMom.com, L.L.C. The ModernMom.com logo and design, ModernMom.com, Venus & Mars, and other marks are trademarks or servicemarks of ModernMom.com, L.L.C. All other trademarks and servicemarks are the property of their respective owners. You may not use or display any trademarks or service marks owned by ModernMom.com without our prior written consent. You may not use or display any other trademarks or service marks displayed on this site without the permission of their owners.

Modification or Suspension of the Web Site

You agree that ModernMom.com may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that ModernMom.com will not be liable for the consequences of doing so.

Termination

You agree that ModernMom.com may, in its sole discretion, and at any time, terminate your use of the Web Site, and may remove or delete any or all of your Content within the Web Site, without prior notice to you for any reason that ModernMom.com, in its sole discretion, deems appropriate. You further agree that ModernMom.com will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Limitations of Actions Brought Against ModernMom.com

You agree that any claim or cause of action arising out of your use of the Web Site or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.

Applicable Law

The Agreement and the resolution of any dispute related to the Agreement, the Web Site, or items you purchase through the Web Site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Any legal action or proceeding between ModernMom.com and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California, County of Los Angeles and/or the Northern District of California, and you agree to submit to the personal and exclusive jurisdiction of such courts.

Contact Information

If you have any questions or concerns with respect to the Agreement or web site you may contact a representative of ModernMom.com at feedback@modernmom.com.