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Terms of Use

Last updated June 22, 2022

PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF THE IHELPMOMS.COM WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE IHELPMOMS.COM WEBSITE AND ALL SERVICES OFFERED THROUGH THE WEBSITE.

1. ACCEPTANCE OF THE TERMS OF USE

IHELPMOMS.COM (hereinafter IHELPMOMS.COM, “we”, “us” or “our”) provides certain services through its websites, programs and computer servers, including but not limited to ihelpmoms.com, web portals accessible through ihelpmoms.com, classified advertising, forums, e-newsletters, and email forwarding (collectively the “Site”). By accessing or using ihelpmoms.com, you are a “user” (hereinafter “user”, “you” or “your”) and you accept and agree to the terms below (the “Terms of Use” or “TOU”) as a legal contract between you and IHELPMOMS.COM. By offering any products or services through the Site, you are a “Service Provider” and you accept and agree to the Terms of Use as a legal contract between you as a Service Provider and IHELPMOMS.COM. The TOU may include and incorporate additional terms (“Guidelines”) applicable to particular categories or services available on our Site as set forth to users upon access to such categories or services.

To avoid any ambiguity, certain actions taken by an individual representing a Service Provider may constitute actions of a user as set forth in the TOU and in such cases the provisions of the TOU applicable to users shall apply. You, as a user or Service Provider, hereby confirm that you are legally able to consent to the TOU. You acknowledge that, as a result of your location, you may be subject to certain local, national or international laws, or rules and regulations promulgated under those laws, and that you agree to comply with any such laws as applicable to you. If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of ihelpmoms.com, in which case any continuing access or use of ihelpmoms.com is unauthorized.

2. MODIFICATION OF THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. Updated Terms of Use may be posted on the Site, with or without additional notice to you. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page on a regular basis commensurate with your use of the Site so you are aware of any changes, as they are binding on you.

3. SERVICE PROVIDERS

We provide access to a variety of Service Providers through the Site, including, but not limited to, Mental Health Counselors, Mental Health Counseling Services, Mental Health and Family Behavior Coaches, Midwives, Lactation specialists, Sleep Coaches, Potty Training Coaches, Breastfeeding/Weaning Coaches, Birth and Postpartum Coaches, Newborn Care Coaches, Marriage/Relationship Coaches, Kids Behavior Support Coaches, Nutrition Coaches, Mom Business Coaches, Teachers, Tutors and Car Seat Technicians. Service Providers may operate as live coaches. Service providers may also include those that offer products for sale through the Site.

The above types of Service Providers are representative but not limiting. The types of Service Providers available may change from time to time and we reserve the right to change the types of service providers available at our sole discretion at any time for any reason.

ALL SERVICE PROVIDERS ACKNOWLEDGE AND AGREE THAT THE SERVICES THEY PROVIDE DO NOT AND SHALL NOT INVOLVE THE PROVISION OF ANY FORM OF MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. USERS OF THE SITE ACKNOWLEDGE THAT ANY INFORMATION RECEIVED THROUGH INTERACTIONS WITH SERVICE PROVIDERS DOES NOT INCLUDE ANY FORM OF MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

Through the Site, we provide a platform to connect Service Providers with users. We do not take part in the interaction between Service Providers and users.

  • Obligations of Users

The Service Providers offering products and services on our Site may hold themselves out as having certain credentials, qualifications and may otherwise make any number of representations. You understand and acknowledge that Service Providers are not our employees, agents or representatives and that we only provide a means for you to connect with such Service Providers. We have no control over Service Providers. Coaches are providing their services to you strictly in a non-medical capacity. Coaches do not and will not rely on or work under any medical qualification or license they may possess in their offering of services to you through this site.

By accessing or using the Site, you explicitly agree that, as a user, it is solely your responsibility to perform any and all background check(s), credential check(s) and qualification check(s), and any other vetting that may be appropriate to verify the character and/or representations of a Service Provider. We do not guarantee, and we are not responsible or liable in any way, for the veracity of any information provided by Service Providers, including but not limited to the representations made by Service Providers, nor are we responsible or liable in any way for the quality, timing, legality or any other aspect whatsoever of the services or products delivered by Service Providers. The above referenced terms are equally applicable regardless of the jurisdiction in which the Service Provider operates.

You agree that should you use or rely on products or services or anything else, available or unavailable from, or through any Service Provider, we are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve us. You should make whatever investigation or employ other resources that you deem necessary or appropriate before hiring or engaging a Service Provider. You hereby waive the right to bring or assert any claim against us relating to any interactions or dealings with any Service Provider.

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of Service Providers found on or through the use of the Site, including payment for and delivery or fulfillment of related products or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such Service Provider. You agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Site.

The Site is not intended to be a substitute for professional medical treatment. If you post any health-related information about yourself or anyone else on the Site, you agree that such information has been placed into the public domain and that it is no longer private. You agree that we are not responsible for any personal health information you provide through your interactions and dealings with any Service Provider and you waive the right to bring or assert any claim against us relating to any of your interactions or dealings with any Service Provider.

While we hope the services offered by Service Providers are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE SITE IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COUNSELORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES. THE SITE IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES INCLUDING, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR EMOTIONAL SERVICE DOG CERTIFICATION. THE SITE IS ALSO NOT INTENDED FOR ANY ASSISTANCE THAT INVOLVES THE PROVISION OF DRUGS OR MEDICAL TREATMENT, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE SITE. DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVE THROUGH THE SITE.

  • Obligations of Service Providers

Service Providers acknowledge and agree that a percentage commission shall be payable to us based on any fees paid to Service Providers by users. When Service Providers form a team of individuals to assist a Service Provider in the provision of services to users, fees generated from calls and other interactions between the team and users shall be subject to a discounted commission. Complete details of the commission structure are made available to Service Providers prior to completion of registration with us. IHELPMOMS.COM reserves the right to change the commission structure from time to time upon notice to Service Providers. Please note I Help Moms receives 15% of every consultation, 8% of every product sold and Stripe’s fee is $.3 + 2.9% of the transaction amount. Stripe charges commission for everytime a parent extends a call. Service Providers will make 3% commission of any direct team members calls made.

Service Providers registering on the Site explicitly agree to be entirely responsible for any representations made about employees or agents of the Service Provider, the Service Provider or any products or services offered by the Service Provider through the Site.

Service Providers acknowledge and accept that we may, in our sole discretion, remove a Service Provider from the Site if we have reason to believe that the Service Provider is engaging in illegal activity, misrepresenting itself or its products or services, engaging in abuse, or engaging in any other activity deemed unacceptable by us. We reserve the right (but do not undertake any duty) to take appropriate legal action, including without limitation, the pursuit of civil, criminal, and/or injunctive redress based on the actions of a Service Provider. We hereby disclaim, and each Service Provider agrees, that we shall not have any responsibility or liability whatsoever, directly or indirectly, for any loss or damage or any sort resulting from the representations or any other conduct of a Service Provider. Service Providers hereby represent, warrant, and agree to indemnify, defend and hold us harmless from and against the foregoing.

Service Providers acknowledge and agree that we are not responsible or liable, indirectly or directly, for any damage or loss to a Service Provider that results from the action or inaction of a user. Service Providers dealings with users, and any terms, conditions, representations or warranties associated with such dealings, are between a Service Provider and user exclusively and do not involve us. Service Providers proceed to use our Site at their own risk and understand that any investigation of a user for purposes of such user’s interactions with a Service Provider, to the extent such investigation may be undertaken, are the responsibility of the Service Provider.

Service Providers acknowledge and agree not to collect or store any personally identifiable information in their interactions with users as a condition of their use of our Site. To the extent there is any reason whatsoever for the conveyance of any personally identifiable information from a user to a Service Provider, Service Providers represent that they shall request and receive written authorization from the user to whom such information pertains prior to such information being conveyed from the user to the Service Provider.

You, as a Service Provider, grant us certain rights when you join us and register as a Service Provider. Through your registration, you give us, our affiliates, agents and third party contractors, the right to display or publish such content on our Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limit, you understand and agree that we may compile, re-edit, adapt or modify your blogs, your profile information or images, content quotes, create derivative works therefrom, either on a stand-alone basis or in combination with other content, you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

In connection with a Service Provider’s service, blog or product profile, you, as a Service Provider, affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and the TOU; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these TOU. You understand that when you become a Service Provider, such as a service, product, live coach, or blog provider on ihelpmoms.com, you consent and authorize your brand, image and content to be distributed or syndicated to or published on all ihelpmoms.com social media and digital portals.

  • Obligations of marketplace product and boutique usersCharges and reporting of sales tax for all purchases made through I Help Moms Marketplace is the responsibility of the boutique owner.

4. ACCESS TO SITE

You are responsible for arranging access to the Site and for ensuring that all persons who may access the Site through access provided by you are aware of and comply with these Terms of Use. If a user has difficulty understanding any terms in the TOU, it is the user’s responsibility to obtain clarification where any terms may be unclear, and such user should not proceed without obtaining such clarity. We will not be responsible for any user’s actions taken despite failure to understand the provisions of the TOU.

We reserve the right, in our sole discretion, to deny any user or Service Provider access to the Site.

5. MODERATION

We have the right, but not the obligation, to regulate content, such as but not limited to postings, text, code, images, blogs, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications (“content”) posted to, stored on or transmitted via the Site by any user or any other third party in any manner; to regulate conduct by any user or any other third party in any manner; and to enforce the TOU, for any reason and in any manner or by any means that we, in our sole discretion, deem necessary or appropriate. We may take action including, but not limited to, automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, requiring authorization or verification, and the deletion and/or termination of content, accounts and/or all or any use or access.

We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time.

Our action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user or any other third party does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation. You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, coaches, service agents or representatives (collectively, “IHELPMOMS.COM Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither IHELPMOMS.COM nor any IHELPMOMS.COM Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.

Although IHELPMOMS.COM Representatives may moderate content, conduct and TOU compliance on IHELPMOMS.COM at our discretion, IHELPMOMS.COM Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of IHELPMOMS.COM will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of IHELPMOMS.COM will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any IHELPMOMS.COM Representative or by anyone purportedly acting on behalf of IHELPMOMS.COM that IHELPMOMS.COM would or would not prevent, restrict, redress or regulate content including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content, or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that IHELPMOMS.COM, IHELPMOMS.COM Representatives and anyone else authorized to act on behalf of IHELPMOMS.COM shall in no circumstance be liable as a result of any representation that IHELPMOMS.COM, a IHELPMOMS.COM Representative or anyone else on behalf of IHELPMOMS.COM would or would not restrict or redress any content, conduct or potential or purported TOU violation.

We also have the right, in our sole discretion, to limit, modify, interrupt, suspend or discontinue all or any subset of the content or other offerings on IHELPMOMS.COM at any time without notice. We also have the right in our sole discretion to modify user and Service Provider pricing without notice. IHELPMOMS.COM and IHELPMOMS.COM Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

6. ACCOUNTS

You do not have to be an ihelpmoms.com account holder to use this Site. However, only account holders can access certain areas of the Site.

You are solely responsible for ensuring that you are permitted by law and by the TOU to create an account. You acknowledge that, as a result of your location, you may be subject to certain local, national or international laws, or rules and regulations promulgated under those laws, and that you are responsible for compliance with any such laws as applicable to you.

You are responsible for, and you hereby agree to provide (i) true, accurate, current and complete information about yourself when creating an account and as otherwise prompted by the Site, and (ii) maintain and properly update your Profile Data to keep it true, accurate, current and complete over time. If you provide information that is untrue, inaccurate, not current or incomplete, and we have reasonable grounds to suspect that you have, we may, in addition to any other rights or remedies available to us, suspend or terminate your account and refuse any and all current or future use of the Site and the Services or any portion thereof.

You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access") and that you are fully responsible for activities that occur in your account. We advise you to change your password frequently and to take extra care in safeguarding your password. Notwithstanding the generality of the foregoing, you are also responsible for any content that you post in your profile or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.

You agree not to sell, share or otherwise transfer your account information or your rights and obligations under this TOU. You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities on your account and performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by you or any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.

You agree and commit not to use the account or Account Access of any other person for any reason.

To avoid any ambiguity, Service Providers agree to each of the provisions set forth in this ACCOUNTS section of the TOU.

Service Providers must deactivate their own accounts if they no longer wish to be an ihelpmoms.com provider by logging into account and editing their profile.

7. CONTENT AND CONDUCT

  • Service Provider Content

By registering as a Service Provider on ihelpmoms.com, Service Providers hereby authorize us to utilize or repost their content on the Site and to feature their brands, expertise, images and content for sharing with our mom fans, and to utilize and repurpose such content in any way we choose across the Site and through social media channels. By joining the Site as a Service Provider, you also agree to not take any service, conversation or business initiated through the Site off of the Site. We reserve the right to revoke the account of any Service provider as a result of such action.

  • User Content

We do not control, we are not responsible for. and we make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. Users and Service Providers must conduct any necessary, appropriate, prudent and/or judicious investigation, inquiry, research and due diligence with respect to any user content, certifications, expiration of certifications and licenses, including, where applicable, background checks of Service Providers and third parties accessible through the Site.

We grant you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Site for your own personal non-commercial use, subject to your compliance with these TOU, including, without limitation, the restrictions on use of the Site. We may, in our sole discretion, suspend, discontinue or terminate this license to you at any time for any reason.

As a condition to accessing and using the Site in accordance with the license granted to you under these TOU, you acknowledge and agree that you are prohibited from uploading, sharing, posting or otherwise using content, services and products on the Site that include, as non-limiting examples: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content including, without limitation, defamatory, harassing, threatening, negative, hateful or pornographic content, political opinions, religious beliefs, or service providers and coaches that are deemed not open minded by us; (4) content that discloses another’s personal, confidential or proprietary information, including but not limited to content that infringes, misappropriates or violates any third party’s rights, such as intellectual property rights; (5) false or fraudulent content including but not limited to false, fraudulent or misleading responses to user ads transmitted via the Site; (6) malicious content including, without limitation, malware or spyware; (7) content that may cause damage to a third party; (8) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, mutli-level marketing flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to the Site would violate these TOU or our other legal rights; and (9) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions may be set forth in guidelines for particular categories or services on the Site and all such prohibitions are expressly incorporated into these TOU.

Any content, service or product deemed by us to fall within one or more of the above categories or that otherwise violates the TOU may be removed from the Site at our sole discretion. Further, we may, in our sole judgment, temporarily remove or permanently terminate any user that posts such unauthorized content, services or products or otherwise violates the TOU.

You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, royalty-free and otherwise fully paid, fully sub-licensable (through multiple tiers), worldwide license to reproduce, copy, perform, display, distribute, prepare derivative works from and otherwise use any content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post.

You agree to indemnify and hold us harmless from and against any third-party claim, loss, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive; (b) activity that occurs through or by use of your account including, without limitation, all content posted or transmitted; (c) your use of or reliance on any user content; (d) your violation of the TOU; (e) any actions made with your account or Account Access whether by you or by someone else; (f) non-payment for any of the fee-based services which were provided through the Site; and (g) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by us.

To avoid ambiguity, Service Providers acknowledge and agree that these terms, to the extent they do not overlap with the separate provisions for Service Provider Content are equally applicable to Service Providers.

  • Conduct

You agree that you will not use the Site for any purpose not authorized by the TOU. Any user of the Site deemed by us to violate the TOU may be restricted and otherwise barred from accessing the Site at our sole discretion.

You agree and confirm that your use of the Site is for your own personal use only and that you are not using the Site for or behalf of any other person or organization, nor are you exploiting use of the Site for commercial or any other non-personal purpose.

We do not control, we are not responsible for, and we make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct or product, including background checks.

You are also responsible for your own conduct and activities on, through or related to the Site, and, if you create an account or provide your email address or contact a provider using the Site, you are responsible for all conduct or activities on, through or by use of your account.

You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published on the Site. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information. You agree and understand that for live consultations, payment for services will be billed prior to receiving any services.

You agree to indemnify and hold us harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to the Site, and related to or arising out of any conduct or activities on, through or by use of your account, if any. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by us.

A portion of the Site allows users purchase and shop family products such as strollers, bibs, pacifiers and the like. All users of the Site expressly waive any claims they may have against us based upon IHELPMOMS.COM’s creation of a forum where users can purchase goods. If a user or anyone else viewing posted comments is in need of specific advice they are instructed to individually seek out such advice from a medical provider or Service Provider with experience specific to their needs.

To avoid ambiguity, Service Providers acknowledge and agree that these terms, to the extent they do not overlap with any provisions directed to Service Providers, are equally applicable to Service Providers.

8. POSTING AND ACCOUNTS

We have absolute discretion to deny users or Service Providers access to the Site. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section of the TOU and throughout the TOU.

  • Business Directory

IHELPMOMS.COM is intended and designed as a local service. A user may post content only to the specific geographic area offered to that user on IHELPMOMS.COM. The same or substantially similar content (for example, an ad for a particular item or service, a particular offer, a particular message or a particular comment) may not be posted to or communicated via more than one such geographic area. Content that is equally relevant to multiple (i.e., more than one) geographic areas should not be posted on IHELPMOMS.COM.

The same or substantially similar content may not be posted in more than one IHELPMOMS.COM category. A user may post content only in the single IHELPMOMS.COM category to which it is most relevant, and must not post content to inappropriate categories. For example, content advertising IHELPMOMS.COM “massages” must be posted under the ” IHELPMOMS.COM massages” category and may not be posted in any “chiropractic” category. A user may post the same or substantially similar content no more than once every 48 hours.

Users may not circumvent any technological measure implemented by IHELPMOMS.COM to restrict the manner in which content may be posted on IHELPMOMS.COM or to regulate the manner in which content including but not limited to email may be transmitted to other users. This prohibition ihelpmoms.com includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent ihelpmoms.com accounts, ihelpmoms.com including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.”

It is expressly prohibited for any third party to post content to ihelpmoms.com on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to IHELPMOMS.COM using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to IHELPMOMS.COM for each instance of access to IHELPMOMS.COM (by any user or other third party) using that automated means.

Affiliate marketing is expressly prohibited by Users on the Site, unless expressly authorized in writing by us. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

  • Account Requirements for Posting

A user may maintain and use no more than one type of each provider or mom account, including a telephone or phone-verified account (“PVA”), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU.

A user may create an account, including a PVA, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts or PVAs for him/her. The creation of accounts or PVAs for others is expressly prohibited.
A user must only use his/her own account or PVA, and may not use any account or PVA of another.
The purchase and sale of accounts, including but not limited to PVAs, is expressly prohibited.
A user must create his/her account or PVA personally and manually and may not create accounts or PVAs by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. Further, a user must create any PVA using his/her own valid telephone number. The creation of a PVA using a telephone number that is not the user’s own, a telephonic forwarding service or system, or a temporary/disposable telephone number or service is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation or PVA creation process is also expressly prohibited.

  • Flagging Posted Content

A user shall not “flag” (or otherwise seek removal of) content on the Site without a personal, good-faith belief that the content violates the TOU. A user may flag content only on his/her own behalf. A user must not permit, enable, induce or encourage others to flag content for them. A user must not flag content for others.
A user may flag a specific item of content only once.
A user flagging content must do so manually and may not employ any automated means, products services to flag content. A user must not circumvent any technological restrictions, such as security measures in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging content.

9. UNAUTHORIZED ACCESS AND ACTIVITIES

This section applies to all uses and users of IHELPMOMS.COM. IHELPMOMS.COM has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section.
To maintain the integrity and functionality of the Site for its users, access to the Site and/or activities related to the Site that are harmful to, inconsistent with or disruptive of the Site and/or its users’ beneficial use and enjoyment of the Site are expressly unauthorized and prohibited. For example, without limitation:
The collection of users’ personal information including, but not limited to email addresses, IP addresses and telephone numbers, is not allowed for any purpose.
Any copying, aggregation, display, distribution, performance or derivative use of IHELPMOMS.COM or any content posted on the Site whether done directly or through intermediaries including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access the Site without individual written agreements executed with us that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant IHELPMOMS.COM website, service, forum or content; (b) they access the Site from a stable IP address using an easily identifiable agent; and (c) they comply with the Site’s robots.txt file; provided however, that we may terminate this limited exception as to any search engine or public archive, at any time and in our sole discretion, upon written notice which may be in the form of email notice.

Any access to or use of the Site to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service that enables or provides access to, use of, operation of or interoperation with IHELPMOMS.COM is prohibited.
Any activities that are inconsistent with use of the Site or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of the Site in any manner are expressly prohibited. Any attempt to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the IHELPMOMS.COM systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the Site, is expressly prohibited.
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU.

10. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS

We are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
You agree to indemnify and hold us and Service Providers harmless from and against any third-party IHELPMOMS.COM claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by us.

You hereby consent to and permit photographs of yourself, your business and your brand to be used by us for any purpose, including for educational and advertisement purposes, and in any medium, including print and electronic. You waive any claim for compensation of any kind for the use or publication of your photographs.

Products, Blogs, Businesses, Bulletin Board Updates and Service Providers listed on the Site authorize us to access, utilize and repost blogs, website images, social media images, website information and verbiage for promotional purposes. Service Providers listed on the Site further waive any claim for compensation of any kind for our use or publication of photographs, blogs, social media repost images and website verbiage from any claim for damages of any kind including, but not limited to, invasion of privacy; defamation; false light or misappropriation of name, likeness or image, arising out of the use or publication of photographs, images, blogs, website verbiage, social media reposts by us, and covenant and agree not to sue or otherwise initiate legal proceedings against us for such use or publication. All grants of permission and consent, and all covenants, agreements and understandings contained herein are irrevocable.

11. THIRD PARTY CONTENT

The Site may contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.

12. FEES

We may charge a fee to post content, search for services or for other features, products, services or licenses. We may, in our sole discretion, change the fees at any time and without notice. You are responsible for any fees payable to us for content that you post or features, products, services or licenses you purchase or that are purchased through your account. You authorize us, or our designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.
Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

ALL FEE-BASED TRANSACTIONS ARE FINAL AND NONREFUNDABLE. This includes, without limitation, situations where posts for which a fee is paid are removed by us or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. We reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but the charges are rejected for any reason, there may be a hold on your use of that transaction amount for several days.

13. DISCLAIMERS

USERS AND SERVICE PROVIDERS ACCESS TO, USE OF AND RELIANCE ON THE SITE AND CONTENT ACCESSED THROUGH THE SITE IS ENTIRELY AT THEIR OWN RISK. IHELPMOMS.COM (IHELPMOMS.COM INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS, PRODUCTS, CONSULTATIONS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, IHELPMOMS.COM DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF IHELPMOMS.COM AND CONTENT ACCESSED THROUGH IHELPMOMS.COM; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF IHELPMOMS.COM OR CONTENT ACCESSED THROUGH IHELPMOMS.COM; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THE SITE OR CONTENT ACCESSED THROUGH THE SITE.
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

14. LIMITATIONS OF LIABILITY

YOU, AS A USER OR SERVICE PROVIDER, UNDERSTAND AND AGREE THAT WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SITE OR CONTENT UPLOADED TO OR ACCESSED THROUGH THE SITE BY USERS, SERVICE PROVIDERS OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN A USER OR SERVICE PROVIDER AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO THE SITE OR CONTENT ACCESSED THROUGH THE SITE, OR FOR THE COST OF ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITE, OR THE DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY INFORMATION A USER OR SERVICE PROVIDER PROVIDES, CONTENT SUBMITTED, RECEIVED, ACCESSED, TRANSMITTED OR OTHERWISE CONVEYED THROUGH THE SITE, STATEMENTS OR CONDUCT OF ANY USERS, SERVICE PROVIDERS OR OTHER THIRD PARTIES THROUGH THE SITE, OR ANY OTHER MATTER RELATING TO THE SITE, ANY BREACH OF THIS TOU BY US OR THE FAILURE OF THE SITE TO PROVIDE THE SERVICE UNDER THIS TOU OR ANY OTHER DEALINGS OR INTERACTIONS YOU AS A USER OR SERVICE PROVIDER HAVE WITH ANY OTHER USER OR SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY A USER, SERVICE PROVIDER OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF IHELPMOMS.THE SITE TO ACCESS OR USE THE SITE OR CONTENT ACCESSED THROUGH THE SITE; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SITE OR CONTENT ACCESSED THROUGH THE SITE.

YOU, AS A USER OR SERVICE PROVIDER, UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS TOU AND ANY AND ALL USE OF THE SITE WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE SITE IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

15. INDEMNIFICATION

  • Users

You hereby release us and each of our representatives, consultants, service providers, and other affiliates and agree to indemnify and hold us harmless from any and all causes of action, losses, liabilities, expenses, damages, claims, demands and costs of any nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to your use of the Site, services or content accessed through the Site, or any interactions with others arising out of or related to the Site or content accessed through the Site.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

  • Service Providers

Service Providers agree to indemnify and hold us harmless from any and all causes of action, losses, liabilities, expenses, damages, claims, demands and costs of any nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the Service Providers use of the Site, services available on the Site, or content accessed through the Site, or any interactions with others arising out of or related to the Site or content accessed through the Site.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

16. INTELLECTUAL PROPERTY RIGHTS

The Site and all its contents are copyrighted materials, protected by U.S. and international copyright laws. The compilation of content on the Site is the exclusive property of IHELPMOMS.COM and may not be used for any purpose other than browsing and your own private (i.e., non-commercial) use. No authority is given to reproduce any text or image from the IHELPMOMS.COM without the express written permission of IHELPMOMS.COM. Additionally, the name IHELPMOMS.COM® is a service mark that is owned by IHELPMOMS.COM and registered with the U.S. Patent and Trademark Office. This service mark may not be used by any party other than IHELPMOMS.COM without express written consent. Also, to the extent that we include certain trademarks owned by other parties on the website, these trademarks are the property of their respective owners. You agree not to copy, reproduce, or modify any portion of the Site. This restriction includes copying, reproducing, or modifying any names, trademarks, and/or logos which IHELPMOMS.COM owns or has the right to use.

17. INFRINGEMENT OF RIGHTS

You agree that we may communicate any notices to you under the TOU, through electronic mail, regular mail or posting the notices on the Site. All notices to us will be provided by sending an e-mail to info@ihelpmoms.com, Attn: Customer Service.

  • a. Infringement of Copyright Rights

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notification of claims infringement (“Designated Agent”). Our Designated Agent is:

IHELPMOMS.COM LLC
Attn: Designated Agent
Email: info@ihelpmoms.com

If you believe in good faith that any content posted on the Site infringes any copyright in any work of yours, you agree to contact our Digital Millennium Copyright Act (“DMCA”) Copyright Agent as identified above – hereby designated under the DMCA (17 U.S.C. §512(c)(3)) – with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed

  • Identification of the copyrighted work claimed to have been infringed

  • Identification, with information reasonably sufficient to allow its location, of the material that is claimed to be infringing

  • Information reasonably sufficient to permit us to contact you

  • 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

  • A statement under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

You agree that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact us at info@ihelpmoms.com.

  • b. Infringement of other intellectual property rights

If you believe in good faith that any Materials posted on or accessed via ihelpmoms.com infringe any of your rights (including any trademark or privacy rights but not including rights in copyright as addressed in the Copyright Policy above) or are otherwise unlawful, you agree to send a notice to info@ihelpmoms.com containing the following information:

  • Your name, physical address, e-mail address and phone number.

  • A description of the Materials posted on the website that you believe violate your rights or are otherwise unlawful and which parts of said Materials you believe should be remedied or removed.

  • Identification of the location of the Materials on the website.
    If you believe that the Materials violate your rights, a statement as to the basis of the rights that you claim are violated.

  • If you believe that the Materials are unlawful or violate the rights of others, a statement as to the basis of this belief.

  • A statement under penalty of perjury that you have a good-faith belief that use of the Materials in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and is provided in good faith.

  • Your physical or electronic signature.

If we receive a message from you that complies with all of the above requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to any entity that posted the claimed violative materials or any other entity as we deem appropriate.

18. MAINTENANCE OF SITE & MODIFICATIONS TO THE SITE

You acknowledge and agree that we are under no obligation to provide customer support for any outages or other disruptions relating to use of the Site.

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Site, any part of the Site or the use of the Site, whether to all clients or to you specifically, at any time and for any reason with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

The Site depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Site’s reliability and accessibility, you understand and agree that no website and associated web portal can be 100% reliable and accessible and so we cannot guarantee that access to the Site will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

19. ADVISORY PANEL

The content on the Site may be overseen from time to time by an advisory panel of individuals with qualifications and experience in the medical field. Such oversight may involve review of the categories of services available through the Site and other similar activities for the purpose of ensuring the services available are consistent with generally accepted best practices and health guidelines. Review of the Site by members of the advisory panel shall in no instance involve the provision of any form of medical advice, diagnosis or treatment whatsoever.

20. INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of the TOU may cause us immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.

21. PRIVACY

Protecting and safeguarding any information you provide through the Site is extremely important to us. IHELPMOMS.COM has established a privacy policy covering the collection, use, and disclosure of user information. Information about our security and privacy practices can be found below.

BY AGREEING TO THIS TOU AND/OR BY USING THE SITE, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS TOU.

22. GOVERNING LAW; ARBITRATION.

1. DISPUTE RESOLUTION: IHELPMOMS.COM and you each agree to first contact each other with any controversy, claim, or dispute (“Disputed Claim”) between IHELPMOMS.COM and you, providing a written description of the problem, all relevant documents or information and the proposed resolution. You agree to contact IHELPMOMS.COM with disputes by writing to us.
If such negotiations fail to resolve the dispute within their first 30 days, Disputed Claims must be resolved by binding arbitration of a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”). The arbitrability of Disputes, including enforcement and/or validity of this mandatory arbitration provision, shall also be determined by the arbitrator.
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IN THE EVENT OF ANY CONTROVERSY, CLAIM OR DISPUTE BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS STATEMENT, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE TERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN BROWARD COUNTY, FLORIDA IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA FOR AGREEMENTS TO BE MADE IN AND TO BE PERFORMED IN FLORIDA. THE PARTIES AGREE, THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO ITS RULES AND PROCEDURES AND AN ARBITRATOR SHALL BE SELECTED BY THE AAA. THE ARBITRATOR SHALL BE NEUTRAL AND INDEPENDENT AND SHALL COMPLY WITH THE AAA CODE OF ETHICS. THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND SHALL NOT BE SUBJECT TO VACATION OR MODIFICATION. JUDGMENT ON THE AWARD MADE BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER THE PARTIES. IF EITHER PARTY FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, THE INJURED PARTY MAY PETITION THE CIRCUIT COURT FOR ENFORCEMENT. THE PARTIES AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS/HER OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES SHALL SHARE THE COST OF ARBITRATION, NOT INCLUDING ATTORNEYS FEES, EQUALLY. IF THE CONSUMERS SHARE OF THE COST (NOT ATTORNEYS’ FEES) IS GREATER THAN $1,000.00 (ONE-THOUSAND DOLLARS), THE COMPANY WILL PAY THE CONSUMERS SHARE OF COSTS (NOT ATTORNEYS’ FEES) IN EXCESS OF THAT AMOUNT (costs of arbitration service for individual arbitration, not attorneys’ fees or other fees). IN THE EVENT A PARTY FAILS TO PROCEED WITH ARBITRATION, UNSUCCESSFULLY CHALLENGES THE ARBITRATOR’S AWARD, OR FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, THE OTHER PARTY IS ENTITLED TO COSTS OF SUIT, INCLUDING A REASONABLE ATTORNEY’S FEE FOR HAVING TO COMPEL ARBITRATION OR DEFEND OR ENFORCE THE AWARD.

  • NO CLASS ACTIONS. EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, THE DISPUTE RESOLUTION PROCEDURE SPECIFIED HERE APPLIES AND, THE COMPANY AND YOU EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

  • GOVERNING LAW. The laws of the state of Florida will govern any disputes relating to IHELPMOMS.COM, notwithstanding the conflicts of laws rules of Florida or any other jurisdiction.

23. SEVERABILITY

If any provision of this TOU is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of the TOU will remain in full force and effect.

24. ENTIRE AGREEMENT

These TOU constitute the entire agreement between you and us and supersedes any prior written or oral agreement. Other than the IHELPMOMS.COM Representatives (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.

Privacy Policy

Last updated on January 28, 2022

IHELPMOMS.COM (“IHELPMOMS.COM”, “us”, “we” or “our”) operates a website, a services portal, and other related services (collectively, the “Site”). We have established this privacy policy to explain to you how your information is protected, collected and used. We will provide notice of materially significant changes to this privacy policy by posting notice on the site and you are encouraged to review this privacy policy on a regular basis to see if any updates have been posted to it.

By using the Site, you agree to the collection and use of information in accordance with this privacy policy.

1. Protecting your privacy

We don’t send you unsolicited communications for marketing purposes.
Account information is password-protected. Keep your password safe.
Forums use basic webserver authentication. Close your browser to log out.

IHELPMOMS.COM, or people who post on ihelpmoms.com, may provide links to third party websites that you may select while visiting the Site. Such links do not constitute an endorsement by us of those external websites. You acknowledge that we provide these links to you only as a convenience, and you agree that we are not responsible for, nor do we have any control over, any personal information collected by such third parties should you visit their website(s). Additionally, we are not responsible for, nor do we have any control over, the privacy policies of those third party websites. You acknowledge and agree that you visit such third party websites at your own risk. Please check the privacy policies of such third party websites to learn how they collect, use, store and share personal information. We encourage all users to read the privacy policies of each and every website visited.

2. Children’s Privacy

The Site is not intended for use by children under 18. We do not knowingly collect any information from persons under the age of 18. If you are under the age of 18, please do not create an account on our Site or otherwise submit any personal information to us. If we learns that personal information has been collected from a person under the age of 18 without applicable consent, we will delete such personal information.

3. Data collection

We collect your email address, for purposes such as sending self-publishing and confirmation emails, authenticating user accounts, providing subscription email services, registering for forums, allowing users to connect to one another, etc.

We collect contact information, such as name(s), phone/fax number(s), and physical address(es) for billing purposes and providing you with a local search area radius.

We collect your phone number and email for account authentication purposes.

We collect your name, email address, physical address and phone/fax number so that we can use one or more of such pieces of information for the purposes of contacting you, processing your requests, facilitating your ability to use the services available through our Site, to prevent any misuse of the offerings available through our Site and to ensure that all exchanges on the Site are secure.

We do not receive whatsoever, for any duration of time, nor do we store, credit card information. Credit card transactions are transmitted through a financial gateway to process payment.

We may collect personal information if you provide it in feedback or comments on the Site, post it on our classifieds or interactive forums, or if you contact us directly. Such information may be used to improve the Site and help us promote the use of our services. Please do not post any personal information on the Site’s forums or classifieds that you expect to keep private.

Our web logs collect standard web log entries for each page served, including your IP address, information about your browser, name of the visited page on the Site (URL), timestamp (date and time of your visit), how you interact with the Site, and information about your computer operating system and internet service provider. Web logs allow us to provide you with content you seek on the Site. Web logs also help us to diagnose problems with our server, to administer the Site, and to otherwise provide our services to you. Additionally, our collection of web log information also ensures the security and stability of the Site and allows us to trace any unauthorized use of the Site.

We use “cookies” to recognize you as you use or return to the Site in order to enable you to use the Site, and to make your experience on the Site more enjoyable and less cumbersome. A cookie is a small data file that a website or email may save to your browser and store on your computer‚ tablet or smartphone. Cookies enable you to place an order on our website. Information is stored in the cookie that is related to the specific user device being used. The enablement of various cookies may be restricted or expanded through adjustment of your web browser settings. However, you should understand that certain cookies are necessary to allow the Site to function.

We do not collect any information, including personal information, from your interaction with Service Providers through our Site. To the extent you directly provide Service Providers personal information, you are responsible for deciding to proceed, and you proceed at your own risk, with such engagement based on the privacy policy and any other terms set forth by such Service Provider. We will not be responsible for any storage, use, sharing or sale of personal information that a Service Provider collects directly from you separate from us.

4. Data storage

All classified and forum postings are stored on our servers. Similarly, our web logs and other records are also stored on our servers. These types of information, including other personal information, may be stored on servers in the United States.

Registered members can access and update their account information through the homepage for their account.

Although we make good faith efforts to store personal information in a secure operating environment that is not available to the public, we cannot guarantee complete security.

5. Archiving of user postings

Search engines and other sites not affiliated with the Site may archive or otherwise make available postings made to the Site.

6. Disclosure of personal information to third parties

We may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.

We may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third parties; or to protect the rights, property, or personal safety of IHELPMOMS.COM, its users or the general public.

We may disclose your personally identifiable information to third parties that provide essential services to us and are necessary to effect, administer or enforce your transaction or other account related request with us. You will not have the opportunity to opt out of such disclosures.

7. Data Security

We recognize the importance of maintaining the security of any personal information you share with us. We use Secure Sockets Layer (SSL) encryption technology to protect the transmission of such information while you interact with any aspect of the Site. Additionally, we endeavor to protect the security of your payment information during transmission by using SSL technology.

No data transmission over the Internet or any network can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.

8. International Users

By visiting our Site, your personal information may be transferred to, and maintained on computers located outside of your country or other governmental jurisdiction where data protection laws may differ from those in your jurisdiction. If you are located outside of the United States and visit the Site, you acknowledge that you may transfer personal information to us and that such personal information may be transferred to the United States for processing. Your consent to this Privacy Policy, given through your use of our Site or other acknowledgement, represents your agreement to such transfer. We may use the personal information collected in the course of our relationship for the purposes identified in this policy or in our other communications with you. In addition, please understand that such personal information may be stored on servers located in the United States.

Although the Site is available to users outside of the United States, the Site is not intended for users in the European Economic Area (EEA) subject to the GDPR or users in the United Kingdom subject to the UK-GDPR. IF YOU RESIDE OR ARE OTHERWISE A PERSON IN THE EUROPEAN ECONOMIC AREA OR IN THE UNITED KINGDOM, PLEASE DO NOT USE THE IHELPMOMS.COM WEBSITE. THIS SITE IS NOT INTENDED FOR YOU.

9. Changes to Privacy Policy

Because the needs of our business may change over time, we reserve the right to modify this Privacy Policy at any time. If at any time in the future we plan to use your personal information in a way that differs from this Privacy Policy, we will revise this Privacy Policy as appropriate. In the event of a change to our Privacy Policy, we will post the updated policy here. Your continued use of the Site following our notice of changes to this Privacy Policy means you accept such changes.