DISCLAIMER: The representatives of MamaCommon, LLC (“MamaCommon”), including Lindsey Spelyng, and MamaCommon’s guest speakers (“Guest Speakers”), have prepared a variety of information for EDUCATIONAL PURPOSES ONLY. Although the Guest Speakers may be medical professionals, or may have specialized knowledge in areas including, but not limited to, sleep, nutrition, mental health, family relationships, obstetrics, gynecology, and pediatric medicine, the advice provided is for educational purposes only, and shall not be construed as medical or other professional advice which should be acted upon. CONSULT A MEDICAL PROFESSIONAL FOR ALL OF YOUR MEDICAL NEEDS. THE INFORMATION AVAILABLE FROM MAMACOMMON, AND/OR ITS OWNERS OR REPRESENTATIVES IS NOT MEDICAL OR PROFESSIONAL ADVICE, NOR IS IT INTENDED TO BE CONSTRUED AS MEDICAL OR PROFESSIONAL ADVICE. The information provided by MamaCommon and its Guest Speakers is designed to provide the community with basic knowledge. Please consult a medical professional, or other professional, for confirmation that any information is accurate, current, and applicable to your situation. MamaCommon makes no claims, promises, or guarantee about the accuracy, completeness, or adequacy of the information contained in or on its website, or otherwise conveyed in connection with its website and online content.
MAMACOMMON TERMS AND CONDITIONS
Last updated June 9, 2021
Please read these terms and conditions (“Terms,” and “Terms and Conditions”) carefully before using the www.mamacommon.com website (the “Site”) and any content provided or operated by MamaCommon, LLC (“MamaCommon,” “us,” “we,” “our”).
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, subscribers, and others who access or use the Site.
By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site.
MamaCommon may revise and update these Terms at any time. Your continued usage of the Site indicates your acceptance of those changes.
This Site Does Not Provide Medical or Professional Advice
The Site, including the contents of the Site (www.mamacommon.com), such as text, graphics, images, recorded or live sessions, posts in the MamaCommon Community, and other materials created by MamaCommon or obtained from MamaCommon’s licensors, and other materials contained on the Site (collectively, “Content”) are for informational and educational purposes only. The Content is not intended to be a substitute for professional advice, medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified professional with any questions you may have. Never disregard professional or medical advice or delay in seeking it because of something you have read on the Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. MamaCommon does not recommend or endorse any specific tests, physicians, professionals, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by MamaCommon, MamaCommon’s guest speakers and independent contractors, MamaCommon’s subscribers or others via the MamaCommon Community, others appearing on the Site, or other visitors to the Site is solely at your own risk.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children, or anyone under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.
Use of the Service
The Content posted on this Site is protected by the copyright laws in the United States and in foreign countries. MamaCommon authorizes you to view or download the Content solely for your personal, noncommercial use. Any special rules for the use of other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.
Title to the Site and Content remains with MamaCommon or its licensors. Any use of the Site or Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the discretion of MamaCommon. All rights not expressly granted herein are reserved to MamaCommon and its licensors.
If you violate any of these Terms, your permission to use the Site and Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Your MamaCommon membership will continue and automatically renew until terminated. To use the MamaCommon Site and access the Content, you must have Internet access and a MamaCommon ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see “Cancellation” below).
Billing and Cancellation
Billing Cycle. The membership fee for access to the MamaCommon Content and any other charges you may incur in connection with your use of the Site, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. If you signed up for MamaCommon using your account with a third party as a Payment Method, you can find the billing information about your MamaCommon membership by visiting your account with the applicable third party.
Payment Methods. To use the MamaCommon service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
Cancellation. You can cancel your MamaCommon membership at any time, and you will continue to have access to the Content through the end of your billing period. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for MamaCommon using your account with a third party as a Payment Method and wish to cancel your membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the MamaCommon service through that third party.
Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.
No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the Content through the end of your current billing period. At any time, and for any reason, MamaCommon may provide a refund, discount, or other consideration to some or all of our subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at MamaCommon’s sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate MamaCommon to provide credits in the future, under any circumstance.
MamaCommon’s Service and Content
You must be at least 18 years of age to become a member/subscriber.
MamaCommon Content is for your personal and non-commercial use only and may not be shared. During your membership period, MamaCommon grants you a limited, non-exclusive, non-transferable right to access the Content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the Content for public performances or viewing.
You agree to use the MamaCommon Site and its Content, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Site or Content therein. Except as explicitly authorized in these Terms, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use Content and information contained on or obtained from or through the MamaCommon Site. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the Content protections; use any robot, spider, scraper or other automated means to access the Content; decompile, reverse engineer or disassemble any software or other products or processes accessible through the MamaCommon Site; insert any code or product or manipulate the Content in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site, including any software viruses or any other computer code, files or programs. MamaCommon may terminate or restrict your use if you violate these Terms or are engaged in illegal or fraudulent use of the service.
Liability of MamaCommon
The use of the Site and the Content is at your own risk.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of MamaCommon and its suppliers. Accordingly, MamaCommon assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
The Site and the Content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, MAMACOMMON DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, MamaCommon makes no representations or warranties about: (1) The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the Site; (2) The security of information transmitted via the Site; (3) The interactions on the MamaCommon Community webpages; (4) ANYTHING ELSE?
In no event shall MamaCommon be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use to the Site or the Content, whether based on warranty, contract, trot, or any other legal theory, and whether or not MamaCommon is advised of the possibility of such damages. MamaCommon shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500. MamaCommon is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or MamaCommon Community. Any claims arising in connection with your use of the Site, Content, or MamaCommon Community must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms and Conditions.
User Content and Submissions
If you make any submission or post User Content to a Public Area or a Social Media Platform, you agree that you will not send or transmit to MamaCommon by email or other means, including through the email addresses listed on the “Contact Us” page, any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept, or invention to MamaCommon via email or other means, you agree such submission is non-confidential for all purposes.
If you make any submission or post User Content to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to MamaCommon by email or other means, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted MamaCommon a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. MamaCommon may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to MamaCommon. We try to answer every email and message in a timely manner, but are not always able to do so.
User Submissions – Image, Video, Audio Files
You agree to only post or upload media (photos, videos, audio, etc.) on the MamaCommon Site or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. By uploading any media on the Site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (such as name, phone number, email address, or web site url) of you or of anyone else.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site.
By uploading any media on the Site or a Social Media Platform: (a) you grant MamaCommon a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes MamaCommon to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify MamaCommon and its affiliates, directors, officers and owners and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these Terms and Conditions.
MamaCommon reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
MamaCommon has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform MamaCommon if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.
To send us an email, use the “Contact Us” links located on the “Contact Us” page. You grant MamaCommon and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. MamaCommon cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using MamaCommon’s services.
User Content Guidelines – MamaCommon Community Guildelines
If you use, or post User Content on, a Public Area such as the MamaCommon Community page or the chat function during a live recorded session, or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. MamaCommon and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MamaCommon in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or “spamming”; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Site, or which, in the judgment of MamaCommon, exposes MamaCommon or any of its customers or suppliers to any liability or detriment of any type.
MamaCommon believes growth-minded women seek a certain experience in motherhood. They are hungry for relevant education that aligns with their aspirations and lifestyle, they crave the support of other women who face the same challenges, fears and desires, and they want a special place to go when they need inspiration to reconnect with themselves. MamaCommon was designed to be this space.
In order to keep this community vibrant, all members must adhere and agree to the following rules that guide all of their interactions:
MamaCommon community is a space:
- That is judgment, shaming, and stigma free
- That celebrates inclusion and diversity
- Where we lift each other up and offer support, not condemn
- That does not allow for polarizing conversations about politics, religion or vaccine related topics
- Where we respect each other
- That leads with love
- That does not allow any personal selling or promotion by members
If you violate any of these Terms, your account will be suspended or cancelled and you will be liable for any damages as a result of your conduct.
MamaCommon Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user’s access to any or all Public Areas and/or the MamaCommon Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform.
- Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.
- MamaCommon or its licensors have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Links to other websites
Our Site may contain links to third-party websites or services that are not owned or controlled by MamaCommon.
MamaCommon has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that MamaCommon 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 websites or services.
You agree to defend, indemnify, and hold MamaCommon, its officers, directors, owners, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any Content, or (d) your violation of these Terms and Conditions.
MamaCommon is based in Orange County, California, in the United States of America with principal offices in Costa Mesa, California. MamaCommon makes no claims that any Site within the MamaCommon network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the MamaCommon network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction and Arbitration Agreement
You agree that any dispute claim or controversy arising out of or relating in any way to MamaCommon, these Terms and this Jurisdiction and Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your MamaCommon membership.
If you elect to seek arbitration or file a small claims court action, you must first send to MamaCommon, by certified mail, a written Notice of your claim (“Notice”). The Notice to MamaCommon must be addressed to: LET ME KNOW IF MY OFFICE OR YOUR ADDRESS (“Notice Address”). If MamaCommon initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by MamaCommon, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If MamaCommon and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MamaCommon may commence an arbitration proceeding or file a claim in small claims court.
The arbitration will be governed by the rules of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Any arbitration hearings will take place in the County of Orange, State of California. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.
If your claim is for US$10,000 or less, you must bring your claim in a small claims court in the County of Orange, State of California.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST MAMACOMMON ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MamaCommon agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
You expressly agree that exclusive jurisdiction for any dispute with MamaCommon, or in any way relating to your use of the Site, resides in the courts of the State of California, County of Orange, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving MamaCommon or its affiliates, subsidiaries, owners, contractors, officers, directors, communication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting MamaCommon’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
MamaCommon’s agent for copyright issues relating to this web site is as follows:
Sabo Law, P.C.
Attn: MamaCommon LLC Office of Privacy
120 Newport Center Drive
Newport Beach, California 92660
Please also provide a copy of your request via email to: firstname.lastname@example.org
In an effort to protect the rights of copyright owners, MamaCommon maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Changes to Terms
MamaCommon may, from time to time, change these Terms. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.
Thank you for your cooperation. We hope you find the MamaCommon Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to:
Sabo Law, P.C.
Attn: MamaCommon LLC
120 Newport Center Drive
Newport Beach, California 92660
Please also provide a copy of your correspondence via email to: email@example.com