MESH MOMS, LLC – TERMS OF SERVICE Effective June 28, 2023
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.
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.
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].
Last Updated June 28, 2023
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.
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
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.
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.
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
8. HOW TO CONTACT US