Our terms

Privacy Policy

PoshMom respects your privacy and permits you to control the treatment of your personal information. A complete statement of PoshMom’s current privacy policy can be found on our website at www.poshmom.com/privacy. PoshMom’s privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify PoshMom immediately on any unauthorized use of your account, user name, or password. PoshMom shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by PoshMom, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Subscription and Renewal Policy

Vendor shall pay monthly for the term of twelve months. Your subscription will automatically renew for a year long period. If you cancel your renewal within 30 days of the contract renewal date, your subscription will continue through to the end of your contracted subscription term, after which it will end and not automatically renew.

Use of Software

You grant PoshMom a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting PoshMom, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of PoshMom, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content.You will not be compensated for any User Content. You agree that PoshMom may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

PoshMom may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by PoshMom, for your personal, noncommercial, home use only. PoshMom does not transfer either the title or the intellectual property rights to the Software, and PoshMom retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by PoshMom or its licensors and you may not copy or use them in any manner.

User Content

Compliance With Intellectual Property Laws

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Inappropriate Content

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that

1. is libelous, defamatory, obscene, pornographic, abusive, or threatening;
2. advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
3. advertises or otherwise solicits funds or is a solicitation for goods or services.

PoshMom reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. PoshMom intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Copyright Infringement

PoshMom has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. PoshMom has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of PoshMom or of a third party, or otherwise violated any intellectual property laws or regulations. PoshMom’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want PoshMom to delete, edit, or disable the material in question, you must provide PoshMom with all of the following information:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PoshMom to locate the material;
4. information reasonably sufficient to permit PoshMom to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to PoshMom’s designated agent.

Alleged Violations

PoshMom reserves the right to terminate your use of the Service and/or the Site. To ensure that PoshMom provides a high quality experience for you and for other users of the Site and the Service, you agree that PoshMom or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. PoshMom does not intend to disclose the existence or occurrence of such an investigation unless required by law, but PoshMom reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if PoshMom believes that you have violated any of the Terms of Use, furnished PoshMom with false or misleading information, or interfered with use of the Site or the Service by others.

No Warranties

PoshMom hereby disclaims all warranties. PoshMom is making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. To the maximum extent permitted by law, PoshMom expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. PoshMom does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free.

Limited Liability

PoshMom’s liability to you is limited. To the maximum extent permitted by law, in no event shall PoshMom be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by PoshMom. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Affiliated Sites

PoshMom has no control over, and no liability for any third party websites or materials. PoshMom works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither PoshMom nor the Site has control over the content and performance of these partner and affiliate sites, PoshMom makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and PoshMom assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that PoshMom makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

Prohibited Uses

PoshMom imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation,

1. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
2. attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
3. interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
4. using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
5. forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
6. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by PoshMom in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity

You agree to indemnify PoshMom for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless PoshMom, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. PoshMom will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Copyright

All contents of Site or Service are: Copyright © 2022 PoshMom

Governing Law

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Mateo County, California, USA in all disputes arising out of or related to the use of the Site or Service.

Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by PoshMom or by any third party.

Modifications

PoshMom may, in its sole discretion and without prior notice,

1. revise these Terms of Use;
2. modify the Site and/or the Service; and
3. discontinue the Site and/or Service at any time. PoshMom shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

PoshMom (“us,” “we,” or “PoshMom”) is committed to respecting the privacy rights of its patients, customers, visitors, and other users of the PoshMom Website (the “Site”). We created this Website Privacy Policy (this “Policy”) to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection and use practices and policies that differ materially from this Policy.

Notice Concerning Children

We are a general audience site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is under age 13, we will promptly delete any personal information in that user’s account.

Information Collection Practices

Personal Information We Collect
In operating the Site, PoshMom may include registration, online surveys, and other online forms that ask users to provide their names, e-mail addresses, and other contact information, as well as the following categories of information: demographics, location, device used.

Additional Information We Collect

1. Automatic Collection: Our servers automatically recognize visitors’ domain names and IP addresses (the number assigned to computers on the Internet). No personal information about you is revealed in this process. The Site may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.
2. Cookies: From time to time, we may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer about your visit to our Site. We do not set any personally identifiable information in cookies, nor do we employ any data capture mechanisms on our website other than cookies. Cookies help us learn which areas of our site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our Web site may be diminished and some features may not work as they were intended.

Use and Sharing of Information

What We Do With Collected Information

1. Personal Information: We will not share your personal information with any third parties without your consent, except as necessary to provide you with the services offered by us or to comply with the law. We may use your personal information to verify your identity, to check your qualifications, or to follow up with transactions initiated on the Site. We may also use your contact information to inform you of any changes to the Site, or to send you additional information about PoshMom. If you give your permission during the account registration process, we may share your contact information with our business partners or other companies so that they may send you promotional materials.
2. Anonymous Information: We use anonymous information to analyze our Site traffic, but we do not examine this information for individually identifying information. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer our site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.
3. Use of Cookies: We may use cookies to deliver content specific to your interests, to save your password so you don’t have to re-enter it each time you visit our site, or for other purposes. Promotions or advertisements displayed on our site may contain cookies. We do not have access to or control over information collected by outside advertisers on our site.
4. Disclosure of Personal Information: We may disclose personal information that you provide via this Site to the following third parties:

— Our subsidiaries, affiliates, and joint venture partners; and

— Contractors, vendors, and service providers we use to support our business and this Site.

— We may also disclose personal information that you provide via this Site in the event of a merger, acquisition, or any form of sale of some or all of our assets, in which case personal information we collect via this Site will be among the assets transferred to the buyer. Further, we may disclose your personal information to third parties to

— Comply with any court order or other legal obligation;

— Enforce or apply our terms of use and other agreements; and

— Protect the rights, property, or safety of our business, our patients, clients, customers, employees, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection, information security, and other related matters.

(e) Access to Information: Unfortunately, we do not maintain any procedures for you to review or request changes to the information that we collect about you, except that you may request that we remove all information about you from our database by contacting us in accordance with this Policy.

Security

The Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

Site Area’s Beyond PoshMom’s Control

Public Forums
The Site may include interactive forums such as message boards and chat rooms. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Third Party Websites

The Site may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.

Contact Information and Policy Updates

Contacting Us

If you have any questions about this Policy, our practices related to this Site, or if you would like to have us remove your information from our database please feel contact us at the following:[email protected] Updates and Changes

We reserve the right, at any time, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms.