We are excited to connect with all of you, our Mommy Brain community! This website is operated by Mommy Brain (“Mommy Brain,” “we,” “us,” or “our”). These terms and conditions (“Terms”) govern your relationship with Mommy Brain, including, but not limited to, your use of the Mommy Brain Website www.mommybrain.com (the “Website”) and the Mommy Brain private community https://mommybrain.co (the “Community”), your purchase of any Mommy Brain classes and workshops, your rights to cancel your purchase of Mommy Brain classes and workshops, your registration for classes and workshops, your purchase of merchandise, your communication with Mommy Brain, and your attendance at Mommy Brain in-person events.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Mommy Brain’s Services. You are only authorized to use the Mommy Brain Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. If you wish to become a Member, you must read these Terms of Service and by booking and/or signing up for a workshop, class, or joining the private community you agree to the outlined Terms.
Any new features or tools which are added to the current Website and Community shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website and Community. We will update the “Last Updated Date” at the bottom of this page, if we modify these Terms of Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Clinical Information
Any clinical, medical, professional, financial, or legal information residing on the Services is intended solely for your educational and informational purposes. Such information is not intended as a substitute for a consultation with your physician, healthcare provider, or qualified professionals and does not constitute a therapeutic or client/provider relationship nd the information made available on or through the Service should not be relied upon when making legal, medical, financial or other decisions. In no event shall we be liable for any decision made or action taken, loss or risk, personal or otherwise, that is incurred as a consequence, directly or indirectly, of the use of the Service, and you shall not directly or indirectly make any claim against us, our affiliates, our licensors, our service providers, or our or their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (the “Related Parties”) with respect thereto. You are urged to seek the advice of a professional with any questions you may have before implementing any plans or suggestions that may be referenced, discussed or offered under the Service. You represent to us (which representation shall be deemed to be made each time you use the Service) that you are not using the Service for the purpose of seeking clinical, medical, professional, financial, or legal advice. Any reliance on the material, advice or suggestions on the Service is at your own risk. THE SERVICE IS NOT DESIGNED TO PROVIDE MEDICAL ADVICE OR FACILITATE MEDICAL EMERGENCIES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT RELY ON ELECTRONIC COMMUNICATIONS OR COMMUNICATION THROUGH THE SERVICE FOR IMMEDIATE, URGENT MEDICAL NEEDS.
Accounts
In order to access some features of the website, you will have to create a Mommy Brain account. You are restricted from using another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
Member Services And Policies
CANCELLATIONS: If you register for a paid service and can no longer attend, you are free to cancel, but there are no refunds.
PERSONAL BELONGINGS: You agree that Mommy Brain is in no way responsible for the safekeeping of your personal belongings while you are present at any in-person events. You assume all risk of loss for any of your personal belongings.
Fitness Class Rules and Regulations
If recovering from injury or illness, notify the instructor prior to class start time.
Refund Policy
Classes:
Individually purchased classes or workshops are nonrefundable.
Workshops and classes that are part of a series are nonrefundable.
Memberships:
All paid subscription membership packages are non-refundable.
Founding Member Membership:
The “Founding Member” rate is valid as long as the user account is in good standing (i.e. has not violated community policies or rules). If you cancel your membership and choose to return at a future date, the rate would be the prevailing rate.
Limitation Of Liability
By attending classes, workshops, events, activities, and other programs, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Mommy Brain workout program, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that Mommy Brain strongly recommends that you consult with your physician prior to taking any classes and/or physical activity. By attending class/activity, you acknowledge that you have been fully informed of the strenuous nature of some of our exercise programming and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. By attending class, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages Mommy Brain, its instructors, members and employees. You hereby acknowledge that you, and any minor* under your care, fully release.
The content on the Mommy Brain Website and Community, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, the “Content” and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Mommy Brain, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Mommy Brain reserves all rights not expressly granted in and to the Website, Community, and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website, Community, or Services, provided by you to Company are non-confidential and shall become the sole property of Mommy Brain.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
Mobile Services
The Mommy Brain Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Mommy Brain classes, workshops, or events via your mobile phone, (ii) the ability to receive and reply to Mommy Brain messages, (iii) the ability to browse Mommy Brain from your mobile phone and (iv) the ability to access certain Mommy Brain features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Mommy Brain and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Accuracy, Completeness, And Timeliness Of Information
We are not responsible if information made available through the Mommy Brain Website or Community is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website or Community is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website and Community at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Limitation Of Services
Certain services may be available exclusively through the Website and Community. These services may have limitations regarding length of time offered, number of users accommodated, etc. We reserve the right, but are not obligated, to limit the availability of Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. Any offer for any service made on this site is void where prohibited.
We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You also recognize that Mommy Brain concerning use of the Services, may set limits, including the maximum number and size of postings, email messages, maximum number of days the Service will preserve Content, the frequency with which you may access the Services and the locations where the Services are available, or other Content that may be stored or transmitted by the Services. You agree that regarding the deletion or failure to store any Content maintained or transmitted by the Services, Mommy Brain has no responsibility or liability. You also recognize that Mommy Brain retains the right to discontinue or modify at any time, any part thereof or the Services with or without notice, and that Mommy Brain is not liable to you or to any third party for any suspension, modification, or discontinuance of the Services. “Content” means (but not limited to) any text, data, articles, graphics, locations, photos, images, software, audio, video, information, User Content or other materials available on the Website, Community, or through the Services, whether posted or provided by Mommy Brain, any User, or any third party. “Mommy Brain Content” refers to any and all Content posted or provided by Mommy Brain. “User Content” means any Content posted or provided by any User and “Third Party Content” refers to any Content posted or provided by any person or party other than Mommy Brain or any User.
The written work displayed or available through the Services, the Content, is protected by intellectual property laws and by copyright. In regards to any Content you access via the Services, you agree to acknowledge all copyright notices, information, and restrictions. You also agree to not: copy, reproduce, translate, modify, publish, distribute, broadcast, upload, perform, display, license, sell, use, or exploit in anyway Content that violates the rights of others and Mommy Brain or that you do not own unless you receive prior consent from the owner of said Content.
You acknowledge that Mommy Brain owns the Services, and you agree to not publish, transmit, participate in the transfer or sale of, modify, reproduce, produce imitative works, or exploit any of the Services.
Third Party Sites
Our Site may contain links to third-party sites that are not owned or controlled by Mommy Brain.
Mommy Brain has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
You agree that your communications with individuals and/or organizations discovered on or through the Services, including delivery and compensation for services or goods, any other conditions, warranties, terms, or representations related to these dealings are solely between you and said individuals and/or organizations. You acknowledge and agree that Mommy Brain is not obligated to get involved regarding any disputes between Users, participants on the Site, and any third parties. You agree to waive California Civil Code Section 1542, applicable to only California residents, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
User Comments, Feedback, And Other User Submissions
Users may upload, share, post, store, publish, transmit or otherwise provide content through the Services. You hold ownership rights to your User Content. You give Mommy Brain, by providing any User Content through the Services, an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free license, with the right to use, copy, modify, adapt, license, transfer, sublicense, distribute, sell, publicly display, publicly perform, stream, broadcast, transmit, and otherwise exploit such User Content.
Please note that other users are able to view certain User Content. You give us access to certain rights in those User Content, which allow us to display said content on the Services. In regards to other users of the Services accessing Public User Content, you grant said users access to the content to use and exercise all rights in it, as authorized by the functionality of the Services. In regards to Personally Identifiable information that is also User Content, note that all of the following licenses are dependent on our Privacy Policy.
If, at our request, you send certain specific content (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, workshop and class ideas and other User Content (anything you upload, share, post, or provide through the Services), other materials, whether online, by email, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Errors, Inaccuracies, And Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Content, pricing, promotions, offers, and availability. While we aren’t liable for these errors, inaccuracies or omissions, we do reserve the right to correct these errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Governing Law
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, USA, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site and our Services after any such changes constitutes your acceptance of the new Terms of Service.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the Service or accessed through any links on Site are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In jurisdictions that don’t allow the disclaimer of implied warranties, there are foregoing disclaimers that may not pertain to you, taking into account as they relate to the implied warranties.
Your interactions with other Users is your responsibility alone. You acknowledge that Mommy Brain does not inquire into User backgrounds or screen them in anyway, nor do we make any warranties or representations regarding the conduct of Users. You agree that all interactions with other Users of the Services, both offline and in-person, will be met with reasonable precautions and that you should not share any financial information or other private information that could compromise your security or safety. Mommy Brain, in no event, will be held liable for any damages of any kind, whether direct, indirect, special, compensatory, general, consequential, and/or incidental, stemming from or relating to the conduct of you or anyone else (including any other user) in connection with the use of the Services, including without limitation, emotional distress, bodily injury, and/or any other damages resulting from meetings or correspondence with other Users of these Services or persons you meet through the Site or the Services.
In no case shall Mommy Brain, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Force Majeur
Mommy Brain in no event will be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside our reasonable control. Without limitation of the foregoing, in the absence of our gross negligence or willful misconduct we will not be liable for any damages arising from the acts of hackers or similar bad actors interfering with the Service.
Geography
Mommy Brain is based in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with applicable laws.
Digital Millennium Copyright Act (DCMA)
In regards to your copyrighted work that has been replicated in a way that comprises copyright infringement and is available on the Site, contact us immediately as established in the Digital Millennium Copyright Act of 1998 (DMCA). In order for your charge to be valid you have to provide information below in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work that you claim is being infringed.
Identification of the material that is claimed to be infringing and where it is located on the Site.
Information reasonably sufficient to allow Mommy Brain to contact you, such as your address, telephone number, and email address.
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 law.
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
You can mail the above to Mommy Brain, 8271 W. 4th Street, Los Angeles, CA 90048. Only DMCA notices should go to the listed address. We reserve the right to disable or delete Content alleged to be infringing, and to terminate any repeated alleged infringers. For all other comments, requests, feedback, or help regarding technical support, email [email protected].
Indemnification
You agree to indemnify, defend and hold harmless Mommy Brain and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, any submission of Content that you post, upload, or make available through the Services or Site, your use of the Services, or your violation of any law or the rights of a third party.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Eligibility
Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using Mommy Brain Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service.
Term
These Terms of Service shall remain in full force and effect while you use the Mommy Brain Services or are a Member. You may terminate your membership at any time, for any reason, by contacting [email protected]. Mommy Brain may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
Fees
The basic Service is free. Mommy Brain offers Premium Tools (classes, workshops, live events, resources, etc.) through paid subscription plans that allow users to access additional or exclusive content or features. Mommy Brain reserves the right to change its fees from time to time at its discretion. If Mommy Brain terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
Password
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Mommy Brain immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Entire Agreement; No Waiver
These Terms of Service, together with our Privacy Policy, and any other legal notices published by Mommy Brain on the website, shall constitute the entire agreement between you and Mommy Brain concerning our website and services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Mommy Brain’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Mommy Brain reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Mommy Brain’s website and Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
Arbitration
YOU AND MOMMY BRAIN AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Contacting Us
If you have any questions about these Terms of Service, the practices of Mommy Brain or its services, or your dealings with this site, please contact us at: [email protected]
These Terms of Service have been updated and effective as of April 27, 2020.
