MESH MOMS, LLC – TERMS OF SERVICE Effective June 28, 2023
These Terms of Service (together with our Privacy Policy, collectively, the “Terms” or this “Agreement”) is a legal agreement between you and MESH moms, LLC, a Georgia limited liability company ("MESH moms"), that governs your use of the www.meshmoms.com website and associated webpages (collectively, the “Site”), any related mobile applicable (the “App”), the community services and membership subscriptions available through the Site and the App (collectively, the “Services”), and your registration for and participation in any events sponsored by MESH moms (collectively, the “Events”). As used in these Terms, "we," "our" or "us" refers to MESH moms. "You," "yours" or other similar designation refers to the person accessing or using the Site or Services. Please read these Terms carefully. Your use of the Site, Apps or Services or registration or participation in an Event constitutes your agreement, without modification, to all of the terms, conditions, and notices in these Terms. If you do not accept these Terms, you may not use the Site, Apps or Services or register or participate in an Event. We reserve the right to change these Terms (including the Privacy Policy) at any time by posting revised Terms on the Site or by sending an email to the last email address you gave us, so we encourage you to review this web page periodically. The changes will be effective immediately when posted. Your use or continued use of the Site or Services following the posting or email notification of any changes to these Terms shall constitute your acceptance of the changed Terms.
ELIGIBILITY Before you can access or use the Site or App or subscribe to or participate in any Services, you must (i) be able to enter into a legally binding contract with us (i.e. you must be at least eighteen (18) years old and have the legal capacity to enter into a contract); (ii) identify as a mother or be planning to welcome a child into your family in the near future; and (iii) reside in a geographic region in which we offer memberships. Currently, we offer memberships only to current and prospective mothers residing in the State of Georgia; we may add future locations in the future. To purchase a membership subscription or otherwise participate in the Services, you must complete our registration completely and accurately, including, without limitation, agreeing to these Terms and providing us with correct contact and billing information. By using the Site, App or the Services, you represent and warrant that you satisfy these qualifications. ACCOUNTS You must register and create an account with us in order to purchase a membership subscription and use our Services, and you may also have the option of creating an account to store your personal information to facilitate renewal of your membership or registration at additional Events. You agree to provide and maintain your account with accurate and complete information about yourself as prompted by the Site or App. By providing us with such information, you authorize us and our third-party agents to make any inquiries we consider necessary to confirm such information. You will not impersonate any third party or misrepresent your identity or affiliation with any third party, including using another person's account information, or another person's name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality of your personal information and for restricting access to your computer and your account. You are responsible for all activities that occur under your access credentials, and we will not be liable for any actions by any other individual that uses your account (including, without limitation, any other authorized users), identity or personal information with or without your consent or knowledge. You also agree to notify us promptly of any unauthorized use of your account, account information, identity, or personal information, or other breach of security that you become aware of involving or relating to the Site, App or the Services. In addition, you agree to exit from your account at the end of each session. We do not get involved in disputes over who owns an account. You will not request access to or information about an account that is not yours, and you must resolve any account-related disputes directly with the other party. We decide who owns an account based solely on the information available to us with respect to the account, including, without limitation, the contact information on the account.
SERVICES AND EVENT INFORMATION We offer an annual membership to our members, which membership includes unlimited meet-ups in weekly playgroups, monthly Mom’s Night Outs and other valuable resources, as further listed on the Site or App and at the subscription price listed on the registration page in the Site or App. We may also facilitate, organize and sponsor Events, including educational sessions, for which you must register and pay an Event fee. We reserve the right to correct any errors or mistakes in pricing, Services or Event descriptions, or listings that we make on the Site or App or when processing membership or Event registrations, even if we have already requested or received payment. We also reserve the right to change or reschedule any Events at any time before the scheduled Event date. In such case, we will notify you of such changes or corrections via email and may (but are not obligated to) offer to cancel your registration for the Event and refund any amounts paid. All purchases are final and are subject to our policies and procedures relating to processing, returns and exchanges set forth in these Terms and on the Site and App. All prices are in U.S. dollars. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your registration, nor does it constitute confirmation of our offer to sell. We reserve the right, without prior notification, to refuse service to any customer. We may cancel a membership or Event registration at any time if we determine that we will not be able to fulfill such registration, or for any other reason, and upon any such cancellation will notify you and may (but are not obligated to) refund any amounts paid by you (if any) for such registration, pro-rated for any portion of time during which Services were made available to you. Verification of registration information you submit may be required prior to the acceptance of any registration. Prices and availability of Services on the Site and App are subject to change without notice, except as otherwise expressly set forth in these Terms.
FEES; PAYMENT The fees applicable to your membership subscription or Event registration are described on the applicable registration page on the Site or the App and are due and payable immediately upon purchase in order to unlock access to the Services. All fees will be collected via the credit card or other payment (e.g., PayPal® or ApplePay®) information you provide upon registration submission. By providing us with credit card or other payment information, you represent and warrant that you are authorized to use that credit card or payment method and that all charges under the applicable Order may be billed to that method and will not be rejected. If we cannot process your payment, we will try to contact you by email. In any case, we will suspend your registration and will not provide you with the Services or Event until your payment can be processed. As long as you have an account with us for a recurring subscription-based membership or other similar Services, you must maintain valid and current credit card or other payment information on file with us and authorize us to deduct any charges with respect to your account or use of the Services against that payment method. Our fees for recurring subscription-based Services are subject to change at any time on at least 60 days prior written notice to you at the email address you have on file with us, and if you do not agree to such changes, you should contact us to cancel your subscription as described under Term and Termination. As long as you maintain a recurring subscription with us, your payment method will be charged as described in this paragraph. Any promotional codes must be used when registering for the Services or an Event. We do not provide retroactive discounts. Except as otherwise expressly set forth herein or as set forth on our Site or App, you will not be entitled to receive a refund from us under any circumstances, including, without limitation upon termination of your account or use of the Services. All fees are exclusive of taxes imposed on the sale of the Services and Event, all of which are your sole responsibility, as described under Taxes, below.
TAXES We may collect and remit sales tax from our customers located in certain state and local jurisdictions, including those jurisdictions where services like the Services and Event registrations are taxable and where we maintain a physical presence. We determine your local taxing jurisdiction based on the billing address that you provide us in your Order or that is listed in your account (if you maintain an account with us). You agree to be responsible for and to pay any sales, use, VAT, excise, withholding, or any other taxes that may be imposed, based on these Terms, use or possession of the Site or the Services, except for taxes based on net income payable by us (collectively, “Taxes”). All Taxes payable by you will be charged to you at the same time as the fees to which the taxes relate are charged.
ACCESS TO SITE OR APP From time to time, we may establish minimum browser or system requirements (the “System Requirements”) for the equipment from which the Site or App should be accessed so that all included functionalities are operational; we will provide you notice of the System Requirements (if any) by posting them on the Site or App. You may be required to purchase or acquire software, hardware or services (such as Internet access services or web-player or video conference software) in order to utilize the Site or the App or satisfy the System Requirements, as may be amended by us from time to time. You will be solely responsible for all such software, hardware and services. We may suspend provision of the Site, App or Services in whole or in part and without notice: (i) if we believe a users’ use of the Site, App or Services represents a direct or indirect threat to the function or integrity of the Site, App or Services, our or its service providers’ system or networks, or any third party’s use of the Services; (ii) if reasonably necessary to prevent unauthorized access to the Site, App or Services or any data or materials included therein; (iii) to the extent necessary to comply with legal requirements; or (iv) as otherwise permitted under these Terms.
USE OF SITE, APP AND SERVICES The Services available through the Site and App enable our subscribing members to connect with each other and build and create an online and in person community around common interests. The Services may include features or functionality that enables subscribing members to connect with other members, groups, and businesses participating in or made available through the Site or App; communicate with other members by enabling and providing a directory of members in specific locations and by enabling members to share content such as status, photos, videos, sending private messages, as well as creating events, groups, or projects; access educational content and resources made available by MESH moms; register and participate in events we organize or facilitate. Some information on the Site, App or Services may be provided by members or other third parties, such as event organizers or sponsors. MESH moms has not verified or certified the accuracy or completeness of any such information and will not be liable for any errors or omissions in such information. You certify that you take full responsibility for the selection and use of and access to the Site, App and the Services. We may change, suspend or discontinue any aspect of the Site, App or the Services at any time, including the availability of any feature or content. We may also impose limits on certain features and services or restrict your access to part, or all, of the Site, App or Services, without notice or liability. All of the Site, App and Services content we make available to use is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by us or our licensors. We grant you a limited, nontransferable, nonexclusive license to access and use the Site or App only to gather information about and, to the extent you purchase access to the Services, utilize the Services available through the Site and App solely for your personal use. You may not download (other than page caching) any of the Site, App or the Services except to the extent any access or use instructions delivered to you with the Services specifically instruct or permit you to do so. You also may not copy, modify, publish, distribute, transfer or create derivative works from any of the Site, App, the Services or any materials on the Site, App or Services (including, without limitation, computer programs or other code), except to the extent any access or use instructions delivered to you with the Services specifically instruct or permit you to do so. Our Services are intended and available for personal, individual use only, and are not provided for use by a legal entity, such as a for-profit or non-profit corporation, limited liability company or partnership. Your license to access and use the Site, App or Services does not include any resale or commercial use of the Site, App, Services or its contents; any collection and use of any product or service listings, descriptions, or prices; use the Site, App, Services or any content available on the Site, App, Services for the benefit of any third party; or use data mining, robots, or similar data gathering and extraction tools. You may not visit or otherwise exploit any portion of the Site, App, Services es for any commercial purpose other than your internal purposes without our written consent. You may not frame or utilize framing techniques to enclose any proprietary information (including images, text, page layout, or form) of the Site, App, Services without our written consent. You may not use any metatags or any other "hidden text" utilizing the name, domain name or trademarks of MESH moms without our express written consent. Any unauthorized use terminates the permission or license granted by us. From time to time, we may make enhancements or customizations to the Site, App or Services. Any intellectual property created in the course of performing the Services, whether by us alone or jointly with any user, shall be and remain the exclusive property of MESH moms, and you assign any of your rights, interest or title in or to the same to us. MESH moms and its licensors retain all right, title, and interest (including copyright and other intellectual property rights or informational rights) in and to the Site, App, Services and all legally protectable elements or derivative works of the foregoing. We may place copyright or other proprietary notices, including hypertext links, within the Services, and you may not remove such notices without our written permission. As a condition of your use of the Site, App and Services, you warrant that you will not use the Site, App or Services for any purpose that is unlawful or prohibited by these Terms. Without limiting the generality of the foregoing, (i) you may not use the Site, App or Services in a manner that could damage, disable, or impair the Site, App or Services or interfere with another party's use of the Site, App or Services; (ii) you may not obtain or attempt to obtain any content through any means not intentionally made available through the Site, App or Services; and (iii) you will not upload, post, distribute or otherwise publish through the Site, App or Services any materials that (1) restrict any other user from using and enjoying the Site, App or Services, (2) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (3) constitute or encourage conduct that would give rise to civil liability or otherwise violate any law, (4) violate or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or other proprietary rights, (5) contain a virus or other harmful component, (6) contain any information, software or other material of a commercial nature, (7) contain advertising of any kind, or (8) contain false or misleading indications of origin or statements of fact. SUBMISSIONS By posting or submitting any materials or any other communication (individually or collectively "Submissions") to or through the Site, App or Services (e.g. via an email contact form, online forum, chat room, comment thread or resource library, to the extent we make such features available), you grant us and our affiliated companies and necessary sub-licensees a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Submissions, in all media now known or hereafter developed, unless otherwise prohibited by the terms of these Terms or any applicable federal, state or local law or regulation. You waive all rights to any claim against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with our authorized use of such Submissions. By posting or submitting your Submissions, you warrant and represent that you own or control all of the rights to your Submissions, including, without limitation, all the rights necessary for you to provide or submit such Submission. You acknowledge that, by submitting Submissions through the Site, App or Services, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these Terms or applicable federal, state or local law or regulations. The terms of this paragraph do not apply to personally identifiable information you provide to us, our use of which is governed by our Privacy Policy. LINKS TO THIRD PARTY SITES The Site, App or Services may contain links to other websites owned or maintained by third parties ("Linked Sites"). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site or any changes or updates to a Linked Site. We do not guarantee the accuracy and completeness of the information obtained through any Linked Site. Accordingly, we will not be liable for decisions made based upon information on the Linked Sites. We are not responsible for web casting or any other transmission received from any Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.
LIABILITY DISCLAIMER AND LIMITATION THE SITE, APP AND THE SERVICES, INFORMATION, SOFTWARE, SERVICES, GRAPHICS, DOCUMENTS, MATERIALS AND OTHER ELEMENTS INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICES (COLLECTIVELY, THE “CONTENTS”), TOGETHER WITH THE EVENTS, ARE PROVIDED EXCLUSIVELY AN "AS IS" BASIS, AND WE DISCLAIM ANY AND ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES WITH RESPECT TO THE SITE, SERVICES OR CONTENT, OR, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SITE, APP, SERVICES OR CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT OR GUARANTEE ANY SPECIFIC RESULTS FROM YOUR USE OF THE SITE, SERVICES OR CONTENTS. Without limiting the generality of the foregoing, MESH Moms does not make any guarantee or warranty as to the quality of transmission of data over telephone, digital subscriber lines or any other method of Internet delivery, including, without limitation, server downtimes or other network related problems. PLEASE INFORM US OF ANY ERRORS AT [email protected]. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COVER, SPECIAL, RELIANCE OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND, INCLUDING COST OF REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF INFORMATION OR DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN NO EVENT WILL OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY LICENSE, USE OR OTHER EMPLOYMENT OF THE SITE, APP, THE SERVICES, ANY EVENT OR ANY OF THE CONTENTS, ARISING UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT YOU PAID FOR THE RELEVANT SERVICE OR EVENT OR $100, WHICHEVER IS GREATER. NOTWITHSTANDING THE PREVIOUS SENTENCE, WE WILL NOT BE LIABLE TO YOU TO THE EXTENT SUCH LIABILITY WOULD NOT HAVE OCCURRED BUT FOR YOUR OWN FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT. We are not liable or responsible for any delays or failure in performance of any part of the Site, App, Services or any Event due to any cause beyond our control, including, without limitation, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers. You agree that Mesh moms has entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties. EVENT WAIVER Without limiting the generality of the foregoing waivers and limitations, by your acceptance of the Terms and registration and participation in any Event, you acknowledge that Events may involve activities that could lead to illness, bodily injury, disability or death and voluntarily assume the risk of the same. You understand the risk that such illness, bodily injury, disability or death at an Event may result from the actions, omissions, or negligence of myself or others, including but not limited to MESH moms and its representatives. You voluntarily agree to assume all the foregoing risks and accept sole responsibility for any injury to myself (including but not limited to illness, personal injury, disability, and death), illness, damage, loss claim, liability, or expense of any kind, that I may experience or incur in connection with my attendance or participation in any Event (“Claims”). You further release, covenant not to sue, discharge, and hold harmless MESH moms, its employees, agents, and representatives of and from all Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating to my attendance at any Event. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of MESH moms, its employees, agents, and representatives, whether such illness, bodily injury, disability or death occurs before, during, or after my participation in any Event. You agree to adhere to, abide by, and follow all of MESH moms’ policies and procedures that may be displayed, published or distributed for an Event. You understand and agree that You will not come to an Event if you, my child(ren), or any member of your household have symptoms of any contagious virus or other infection (including, without limitation COVID-19), have tested positive for contagious virus or other infection (including, without limitation COVID-19), or were exposed to someone with contagious virus or other infection (including, without limitation COVID-19) within the 5 day period immediately preceding the date of the applicable Event.
BY ACCEPTING THESE TERMS AND REGISTERING FOR AN EVENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS. TERM AND TERMINATION Unless otherwise terminated as described below, your subscription for any time-limit or subscription-based Services will remain active (and this Agreement will remain in effect) from the date you initiate your subscription until the applicable time period expires (for time-limited Services) or you cancel your subscription (for recurring subscription-based Services), as applicable. You may cancel any recurring subscription-based Services, at any time by providing us with written notice (which may be enabled via your account) at least 30 days prior to the scheduled renewal date for your subscription. If you do not cancel any recurring subscription in a timely manner as described above, your subscription will renew for the same period as your original subscription term and your credit card or other payment method on file will be charged accordingly.
YOU ARE SOLELY RESPONSIBLE FOR TERMINATING ANY RECURRING SUBSCRIPTION FOR WHICH YOU HAVE ENABLED AUTO-RENEW. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR RECURRING SUBSCRIPTION OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR SUBSCRIPTION. We may suspend the Site, App or the Services or terminate or cancel your subscription or any Event at any time, with or without cause, without notice. We may, but are not required to, provide you with a refund of your pre-paid and unused subscription or Event registration fees if such termination by us is without cause (i.e., not due to your breach of this Agreement or other wrongful actions). Once your membership subscription is terminated or expires, we may permanently delete your account and all of the associated data. The definitions in these Terms and the provisions under the headings Submissions, Liability Disclaimer and Limitation, Event Waiver, Term and Termination, Indemnification, Compliance with Laws and General sections of these Terms shall survive any such termination. INDEMNIFICATION You agree to indemnify, defend and hold us, our suppliers, licensors, licensees and affiliates, and all of our and their respective directors, officers, agents, distributors, employees and other agents (collectively, the "Indemnified Parties") harmless from and against any and all damages, losses, liabilities, penalties, settlements, expenses and costs incurred by the Indemnified Parties (including, without limitation, reasonable attorneys' fees and costs) in connection with any claim arising out of or related to (i) your Submissions, or any content that you post or distribute via the Site or the Services; (ii) any breach by you of this Agreement; or (iii) your use of, or participation in, the Site, App, the Services, any Event or any Linked Sites. You agree to provide us with prompt written notice in the event of any such claims or actions. You shall cooperate fully with us in the defense of any claim. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not settle any action or matter without our written consent. In addition, you acknowledge and agree that we have the right to seek damages when you use the Site, App or the Services for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of these Terms, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance or consequential damages. If we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Site, App or the Services, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order. COMPLIANCE WITH LAWS You represent and warrant that your use of the Site, App and Services and participation in any Event will comply with all applicable laws and regulations. In recognition of the global nature of the Internet, you agree to comply with all local rules where you reside or your organization is located regarding online activities and the Site, App, Services or applicable Event. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Site, App and Services are controlled and operated by us from our offices within the United States and we make no representation that the Site, App or Services is appropriate or available for use in other locations. Those who access the Site, App or Services from other locations do so at their own initiative and risk and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Site, App or the Services where prohibited by law. You may not use, remove or export from the United States or allow the export or re-export of the Site, App, the Services, or any direct product of the Site, App or Services, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country. GENERAL Unless otherwise expressly stated herein, these Terms (together with the Privacy Policy and all applicable registration submissions, all of which are incorporated herein by this reference) (i) constitute the entire agreement between you and us with respect to your use of, and participation in, the Site, App, Services and Events, and (ii) supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any other right or remedy, or future exercise thereof. No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by both parties. No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. The headings of the sections of these Terms are for convenience only and have no legal or contractual effect. Any notice to you in connection with this Agreement will be effective when we send it to the last email or physical address you gave us or when posting on the Site, App or Services), and you also agree that we may provide notice electronically via the Services. Any notice to us will be effective when delivered to us at our physical address, 2656 Boddie Place, Duluth, Georgia 30097, United States of America, or any addresses we later designate in accordance with this paragraph, provided that you may also provide a copy of such notice via email to [email protected], or any other email address we later designate in accordance with this paragraph.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF GEORGIA APPLICABLE TO CONTRACTS MADE AND PERFORMED THERE WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES; AND (II) YOU CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE, SUPERIOR AND FEDERAL COURTS HAVING JURISDICTION OVER GWINNETT COUNTY, GEORGIA, IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF SITE, APP, THE SERVICES, ANY EVENTS OR THESE TERMS, AND YOU WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be deemed eliminated to the minimum extent necessary and the remainder shall continue in effect. Any cause of action you may have with respect to your use of, or participation in, the Site, App, Services or any Event must be commenced within one (1) year after the claim or cause of action arises, or the date of last payment made by you, whichever is later. In any action to enforce these Terms, we will be entitled to our costs and attorneys' fees. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. None of this Agreement, your account or your obligations or rights hereunder may be transferred or assigned by you without our prior written consent, and any attempted assignment, transfer or other disposition by you in violation of this provision will be null, void and of no force and effect. We may freely assign this Agreement without your consent. This Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. There shall be no third-party beneficiaries to this Agreement. Time is of the essence. HOW TO CONTACT US If you have any questions about these Terms, the Site, App, Services or Events, please contact us at [email protected].
MESH MOMS, LLC – PRIVACY POLICY
Last Updated June 28, 2023
MESH moms, LLC (“MESH moms,” “we,” or “us”) understands that privacy is tremendously important to our online visitors to our website and to users who purchase our products and services or participate in events we sponsor or facilitate (“Events”). This privacy policy (the “Privacy Policy”) applies to our website, www.meshmoms.com and associated webpages (collectively, the “Site”) and any related mobile application (the “App”) and will help you understand how we collect, use and safeguard the personal information provided to us on or in connection with the Site, App or Services.
This Privacy Policy is part of the Terms of Service applicable to the Site and App (the “Terms”). By using the Site or App or submitting any content, materials or other information via the Site, App or Services (“Submissions”), you acknowledge that you have read and agree to this Privacy Policy. If you do not agree with this Privacy Policy, you may not use the Site or App, participate in the Services or any Events or make any Submissions.
A Special Note for International Visitors to our Site: Our computer systems are currently based in the United States, so your personally identifiable information will be processed by us in the United States, where data protection and privacy regulations may be different than other parts of the world, such as the European Union. If you visit the Site or access the App or Services as a visitor from outside the United States, you are agreeing to the terms of this Privacy Policy and our Terms, and you will have consented to the transfer and processing of all such information in the United States, which may not offer an equivalent level of protection of that in the European Union or certain other countries.
This Privacy Policy provides the following information:
Transparency. We will always be transparent with the methods we use to collect data and describe exactly how we will use it to the benefit and strict direction of our users and their users.
1. HOW WE COLLECT AND USE INFORMATION
We collect the following types of information:
Information about Customers and their Users: We ask for certain information when a user asks for more information regarding our products or services, purchases a membership subscription, registers for an Event, or otherwise corresponds with us online, which may include a name, email address and/or account name and password, phone number, message content and/or payment information. We may also collect information provided by a user if the user sends us a message, posts content to the Site or App or through our Services, or responds to emails or surveys. We also collect and retain data regarding your use of the Site or App (e.g. the duration of a page visit, information downloaded, etc.) automatically when you use the Site or App. Once a subscriber begins using the Services, we will keep records of activities related to the Services. We use this information for the following purposes:
Information Collected through Technology: We automatically collect certain types of usage information when visitors view the Site or App. We may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Site, App and Services (e.g., the pages you view, the links you click and other actions you take on the Site, App or Services), and allows us to track your usage of the Site, App or Services over time. We may collect log file information from your browser or mobile device each time you access the Site or App. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, number of clicks and how you interact with links on the Site or App, pages viewed, features used, and other such information. We may employ clear gifs (also known as web beacons), which are used to anonymously track the online usage patterns of our users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Site and App. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Site and App. We do not allow third party advertising networks to collect information about the users of our Site or App.
We use or may use the data collected through cookies, log files, device identifiers, clear gifs information and other similar data (collectively, “Cookies”) to: (i) remember information so that a user will not have to re-enter it during subsequent visits; (ii) provide custom, personalized content and information; (iii) to provide and monitor the effectiveness of our Services; (iv) monitor aggregate metrics such as total number of visitors, traffic, and usage on our Site, App and our Services; (v) diagnose or fix technology problems; and (vi) help users efficiently access information after signing in. We may also disclose such data and information to our third party partners whose services or applications interact or interface with our Site or App, but only as described in this Privacy Policy.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser.
We use both Session and Persistent Cookies for the purposes set out below:
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide you with services available through the Site and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide you with those services.
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Site.
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices you make when you use the Site, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time You use the Site.
2. HOW WE SHARE INFORMATION
MESH moms only shares personal information in a few limited circumstances, described below. We do not rent or sell information for marketing purposes.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We currently use the following tools to provide services to our users. User data may be shared with these providers and will be governed by the privacy policy of such providers:
3. HOW WE PROTECT YOUR INFORMATION
We store our data in the United States, and we take reasonable measures to keep data safe and secure.
Storage and Processing: Any information collected through our Site is stored and processed in the United States. If you use our Services outside of the United States, you consent to have your data transferred to the United States.
Keeping Your Information Safe: MESH moms maintains industry standard administrative, technical and physical procedures to protect information stored in the servers we utilize, which are located in the United States. While no service provider can guarantee absolute security when communicating over the internet or wireless networks, we are committed to taking steps to help secure any personal information that may be in our possession. Access to information is limited (through user/password credentials and optional two factor authentication) to those employees and agents who require it to perform their job functions. We use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard the account registration process and sign-up information, and payment information provided online is submitted and stored through a PCI-compliant third-party provider (currently Stripe, whose privacy policy can be found here). Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to our files.
You are solely responsible for maintaining the secrecy of any password used to log in to your account on the Site or App, if any, and you should always be mindful and responsible whenever disclosing information online that the information is potentially accessible to the public, and consequently, could be collected and used by others without your consent.
4. CHOICES ABOUT YOUR INFORMATION
Account Information and Settings: Users may update account information by signing into your account and accessing the “My Profile” section. Users and other website visitors can opt-out of receiving promotional email from us by clicking on the “unsubscribe” feature at the bottom of each email. You cannot unsubscribe from messages related to your Case Submissions or other orders.
If you have any questions about reviewing or modifying account information, contact us directly at [email protected].
Deleting or Disabling Cookies: Certain parts of our Site and App require Cookies on your browser to work. If you disable cookies, such features of the Site or App may not work properly. You can instruct your browser to refuse all browser Cookies or to indicate when a browser Cookie is being sent. For more information on how you can delete flash Cookies (i.e., local stored objects), please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
How Long We Keep User Content: Following termination or deactivation of a user account, MESH moms may retain profile information and content for a commercially reasonable time for backup, archival, or legal compliance and audit purposes. We may maintain anonymized or aggregated data, including usage data, for analytics purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site, App or Services, or we are legally obligated to retain this data for longer time periods.
If you have any questions about data retention or deletion, please contact [email protected].
5. CHILDREN’S PRIVACY
MESH moms does not knowingly collect any information from children under the age of 13. FURTHER, BY USING THE SITE, YOU ARE ATTESTING THAT YOU ARE 18 YEARS OF AGE OR OLDER. Please contact us at [email protected] if you believe we have inadvertently collected personal information from a child under 13 without proper parental consents so that we may delete such data as soon as possible. We do collect the birthdates of our members’ children for eligibility purposes, but do not knowingly collect any names or other identifying details regarding children.
6. STATE PRIVACY RIGHTS
Certain states, such as California, Nevada, Connecticut, Colorado, Virginia and Utah, have consumer privacy laws that may provide their residents with additional rights regarding our use of their personal information. Our Services and Events are not marketed to or available to residents of any state other than the state of Georgia (the “Covered State(s)”) currently, and we do not knowingly collect personal information of residents of any other state. Please contact us at [email protected] if you are not a resident of the Covered State(s) so we may delete such data as soon as possible.
7. LINKS TO OTHER WEB SITES AND APPLICATIONS
Please remember that this Privacy Policy applies to our Site only and not other websites or third party websites or software applications that may be linked via our Site, App or Services (“Linked Sites”, under the Terms), which may have their own privacy policies. You should carefully read the privacy practices of each Linked Site before agreeing to engage with the Linked Site through the Site, App or Services. We assume no responsibility or liability for the privacy practices of any vendor or operator of Linked Sites.
8. HOW TO CONTACT US
If you have any questions about this Privacy Policy or the Site, App or Services, please contact us at [email protected].
9. CHANGES TO THIS PRIVACY POLICY
We reserve the right to change this Privacy Policy at any time by posting revised Privacy Policy on the Site or App, and we may also (but are not required to) notify registered users of such posting via the most recent user email address on file with us. We encourage you to review this web page periodically. The changes will be effective immediately upon notice or posting, and we will update the effective date of this Privacy Policy upon such posting. Your use or continued use of the Site, App or Services, or registration for an Event, following the posting or email notification (as applicable) of any changes to the Privacy Policy will be deemed to be your acceptance of the changed Privacy Policy.