End User Licensing Agreement
Terms & Conditions
Welcome to our website located at www.MomSub.com (the "Website") and our mobile app the in the App Store and Google Play. The Website and App are owned and operated by MomSub LLC ("MomSub"), a technology company that provides child care services to parents. MomSub's primary place of business is 2 Plaza Drive, #5706, Woodridge, Illinois 60517. The goal of the Website is to provide access to our catalog of products and services for parents. We have the right to verify identity to ensure all users are either parents or experienced child care providers. These "Terms of Use" are provided to ensure a safe, pleasant environment for all users of the Website. You must be eighteen (18) years of age or older to be a user. A parent is an individual who has a child by birth, by adoption or by legal guardianship.
As used herein, any reference to "you", "customer", "visitor", or "user" refers to any person, entity, computer, or device which accesses the Website or or app or places a reservation or request or purchase for any product or service from MomSub. Any references to "we", "our", or "company" refers to MomSub LLC, its agents, employees, subsidiaries, affiliates, and other related entities.
BY ACCESSING THIS WEBSITE, YOU UNDERSTAND AND EXPRESSLY ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND OUR SEPARATE PRIVACY POLICY, AND AGREE TO FOLLOW THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE WEBSITE.
These Terms of Use shall supersede any subsequent terms and conditions included in any purchase reservation, whether or not such subsequent terms and conditions are signed by MomSub or any of its employees or agents. We reserve the right to alter, amend, or change these Terms of Use at any time, which shall be effective immediately upon the posting on the Website.
Any violation of these Terms of Use may result in the immediate termination of your use of the Website and/or any other appropriate legal action against you under any applicable law or regulation.
Copyrights and Trademarks
The Website and App are the sole and exclusive property of MomSub LLC.
"MomSub", and any and all logos, trade dress, custom graphics, icons, and other service and/or trade marks (collectively, the "Trademarks") are the sole and exclusive property of MomSub, and are protected by United States and international trademark laws. The use of any of the Trademarks without the express written permission of MomSub is strictly prohibited, and any unpermitted use may result in legal action on the part of MomSub.
Unless otherwise specified, all creative materials contained anywhere on the Website and App, including all text, designs, graphics, logos, icons, images, or any other material, including, without limitation, the selection and arrangement thereof, are the sole and exclusive property of MomSub, and is protected by United States and international copyright laws.
You may view, print, download, or otherwise copy any page of the Website only for your own limited personal use. Except as otherwise expressly provided in these Terms of Use, you may not copy, distribute, reproduce, republish, modify, license, post, transmit, e-mail, download, upload, or otherwise disseminate in any way any information or content from the Website in whole or in part without the prior written permission of MomSub. Any and all links to this site must direct to the top-level www.MomSub.com, and any and all deep-linking to any interior pages of the web site without the prior written consent of MomSub is strictly prohibited.
Representations by You
By using the Website, you represent, warrant, and agree that (i) you are at least eighteen (18) years of age; (ii) a resident of the United States; (iii) that all materials of any kind submitted by you through the Sites or for inclusion on the Sites will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, publicity, or other personal or proprietary rights, nor contain inappropriate, illegal, offensive, harassing, or other unacceptable material; and (iv) that you shall use the Website only in strict accordance with these Terms of Use and only for lawful purposes, and shall not use the Website to send any unsolicited advertising, promotional materials, or other forms of solicitation to other users.
Accounts
During the registration process you may be asked to select a unique password for access to certain portions of the Sites. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Website, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of MomSub, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify us at info@momsub.com of any potential unauthorized use(s) of your account, or breach of security.
You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that MomSub in its sole discretion deems offensive.
Accuracy of Information and Operation of the Website
While we strive to maintain the accuracy and timeliness of all information included in the Website and App, we do not warrant and cannot guarantee the accuracy or completeness of any of the information, text, graphics, links, and other items herein.
In the event a service or event is listed with incorrect information due to typographical error or error in information received from our suppliers we shall have the right to cancel. The availability of services, events, products and other items on the Website may change at any time, without notice, and MomSub reserves the right to cancel any items which are no longer available. We shall have the right to refuse or cancel any reservations as set forth herein whether or not the reservation has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your reservation is canceled, we shall issue a credit in the amount of the charge.
THE INFORMATION ON THE WEBSITE AND APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. MomSub FURTHER DISCLAIMS ANY REPRESENTATION ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THIS WEBSITE AND APP FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION OF FITNESS FOR A PARTICULAR PURPOSE.
MomSub makes no warranties or guarantees whatsoever that the Website and App shall experience 100% uptime or shall be at all times available for your access. Website downtime is most often caused by server/site upgrades or unexpected server crashes. MomSub shall take reasonable efforts to announce any planned downtime on the homepage of the Website. However, unexpected server crashes are inevitable, and problems resulting thereof may persist for extended periods of time. If you experience a continuing problem with the Website, please contact us at info@momsub.com.
MomSub WILL HAVE NO RESPONSIBILITY WHATSOEVER AND WILL NOT BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER CLAIM BASED ON ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, SITE CONTENT, APP OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEBSITE OR APP OR ANY WEBSITE OPERATED ON OUR BEHALF BY A THIRD PARTY.
Reservation Acceptance Policy
MomSub accepts reservations and processes payments for accepted reservations at the time you place the reservation. We reserve the right, at any time after acceptance of your reservation, to accept or decline your reservation for any reason, including, but not limited to, any suspected illegal or tortious conduct. In the case of any cancellation, we will issue credit of any and all payments received by you for the reservation in accordance with our Cancellation, Returns and Refunds policy (below). We may require additional verifications or information before continuing any reservation. At the time a reservation is placed, you and MomSub shall agree on: (i) the date and time of the start of the service, (ii) the type of service, and (iii) the date and time for the end of the service.
Sales Taxes
We shall automatically charge and withhold applicable sales taxes for reservations of products to be delivered to addresses within Illinois, and any other state which may require the collection of such sales tax from us. Each customer shall be solely responsible for all sales taxes, or other taxes, on reservations for any other state.
Cancellation, Returns, and Refunds
Once payment is made there are NO REFUNDS except as follows: You may cancel any reservation at any time before you have been charged or payment processed. To the extent reasonably possible, MomSub shall comply with a request for cancellation, but shall reserve the right to charge a reasonable inconvenience fee.
Directory Services
MomSub provides marketplace services on the Website and App.
MomSub may, at any time, and without prior notice to you, remove any directory listing for any reason whatsoever. There are NO REFUNDS for any listing fees submitted to MomSub for listing on the Directory.
MomSub does not endorse the services of any person or company listed on our Directory, and cannot guarantee, represent, or warrant any services or products which may be offered by thereof. MomSub cannot guarantee, represent, or warrant the accuracy of any information contained in any Listing on the Directory. By using the Directory, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of the Website or App to obtain Directory listings. However, if you have a problem with any Directory Listing, please notify us at info@momsub.com.
Links, Search Results, and Advertisements
The Website may link to other sites operated by third parties. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may adversely affect your computer. By using the Website to search for or link to another third party site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of the Website to obtain search results and/or to link to a third party site. However, if you have a problem with a link from the Website, please notify us at info@momsub.com. The Website may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Website and App are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.
Content Provided by You
Except as specifically authorized and permitted by MomSub, you shall not upload, post, host, push, or otherwise transfer by any means any content or materials whatsoever to the Website.
To the extent that MomSub shall specifically authorize the uploading of any content by you, you shall only upload such content in strict compliance with these Terms of Use, and shall not attempt to upload or otherwise transfer to MomSub or the Website or App any material or content which: (i) exceed any stated file size limitations, (ii) are of a file type or form other than that specifically authorized by MomSub, (iii) violate any state, federal, or local law, ordinance, rule, or regulation, (iv) contain any virus, Trojan horse, adware, malware, or any other file type which may cause harm to MomSub or any of its users' computers, servers, or other systems, and/or (iv) which is subject to any third party copyright, trademark, or other intellectual property rights.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and your purchase of products or services through the Website. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use or our Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms of Use or our Privacy Policy could be subject to criminal or civil penalties.
DMCA Policy If you are notifying MomSub of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:
1. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
2. A description of the allegedly infringing material and information sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
5. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Designated Agent for Notification of Claimed Copyright Infringement
NAME: MomSub
ADDRESS: 2 Plaza Drive, #5706, Woodridge, IL 60517
EMAIL: info@momsub.com
PHONE: 630-225-9582
Applicable Law
You agree that any legal action brought against us shall be governed by the laws of the State of Illinois, without regard to conflict of law or choice of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or reservations made on the Website shall be an appropriate federal or state court located in DuPage County, Illinois. We make no representations that the content in the Website and App is appropriate for access outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
Indemnity
By using the Website, you agree to indemnify, defend, and hold harmless MomSub, its subsidiaries, affiliates, officers, agents and other partners and employees, from any loss, liability, claim, demand, costs and/or expenses, including, without limitation reasonable legal fees and expenses, made by any third party alleging, arising, related to, due to or resulting from your use of the Website, including providing a link to another site.
Severability
If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Limitation of Liability
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, MomSub, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, GIG WORKERS, REPRESENTATIVES, SUCCESSORS, LICENSORS, VENDORS AND SUPPLIERS SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS OR SERVICES SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITES OR APPS OR PRODUCTS OR SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES RELATED TO INJURY OR DEATH, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR SERVICES OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, MomSub EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THE WEBSITE OR APP OR THROUGH THE COMPANY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF TITLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MomSub OR ITS AGENTS, EMPLOYEES, CONTRACTORS, GIG WORKERS, REPRESENTATIVES, SUCCESSORS, LICENSORS, VENDORS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, OR OTHER RELATED ENTITIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THESE TERMS OF USE.