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PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THIS SITE OR ANY OF ITS SERVICES AS YOU ARE BOUND BY THEM. UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN A PARTICULAR LEGAL NOTICE, THESE TERMS CONSITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND MOMJD.COM WITH RESPECT TO YOUR USE OF MOMJD.COM AND ITS CONTENT, MATERIAL, AND/OR SERVICES. MOMJD.COM'S FAILURE TO ENFORCE PARTICULAR PROVISIONS OF THESE TERMS DOES NOT CONSTITUTE WAIVER OF ANY PROVISION OR RIGHT. MOMJD.COM MAY ASSIGN ITS RIGHTS AND DUTIES UNDER THESE TERMS TO ANY PARTY AT ANY TIME WITHOUT NOTICE TO YOU.
By using this web site, the e-mail communities, the discussion boards, or other services, you signify your assent, without limitation or qualification, to these Terms. We reserve the right to change, or modify, the Terms at any time, therefore you should visit this page periodically to review the Terms to which you are bound. If you cannot agree to these Terms, then please do not use this site.
COPYRIGHTS AND TRADEMARKS Unless otherwise noted, all materials, including any images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this web site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by MomJD.com. No material from this web site may be copied, reproduced, framed, republished, uploaded, posted, transmitted, or distributed in any way, provided, however, you may view and print materials from MomJD.com for the non-commercial purpose of viewing, reading and retaining for reference, provided you keep intact all copyright and other proprietary notices.
Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of MomJD.com, is strictly prohibited.
FORUMS AND OTHER PUBLIC COMMUNICATIONS For the purposes of these Terms, "Forums" means e-mail communities; chat areas; bulletin boards; letters to the editor(s), webmaster(s), or employees; or other communications and submissions to MomJD.com.
In consideration for your use of the Forums, you agree not to: upload or transmit any communications or content of any type that infringe or violate any rights of any party; post any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law; impersonate another person or allow any other person or entity to use your identification for posting materials to the list; upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or engage in any other conduct that restricts or inhibits any other person from using or enjoying the list.
The Forums may not be used for commercial purposes. Publication of any materials containing any solicitation of funds, promotion, advertising, or solicitation for goods or services or solicitation of other guests or members of this web site to join or become members of any commercial online or offline service or other organization is expressly prohibited
By submitting communications or content to any part of the Forums you automatically grant (or warrant that the owner of such rights has expressly granted) MomJD.com a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or hereafter developed.
TERMINATION/ACCESS RESTRICTION MomJD.com reserves the right, in its sole discretion, to suspend or terminate any user from the use of its Forums (or any portion thereof) at any time.
PRIVACY See the Privacy Policy for disclosures relating to the collection and use of your personal information.
GOVERNING LAW AND JURISDICTION These Terms constitute a contract made under and shall be governed by and construed in accordance with the laws of the State of Washington. You agree that the federal court of the Western District of Washington, if it has subject matter jurisdiction, shall have exclusive jurisdiction to hear and determine any claims or disputes between you and MomJD.com (and/or its members, managers, officers, employees, agents and the assigns of same), pertaining directly or indirectly to these Terms, or to any matter arising therefrom, or any other document executed and delivered in connection herewith or therewith. If such federal court lacks subject matter jurisdiction, any state court located in Skagit County, Washington, shall have exclusive jurisdiction to hear and determine such claims or disputes. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
NOT LEGAL ADVICE The information provided on the MomJD.com web site by MomJD.com or other contributors is for informational purposes only and is not intended to constitute legal advice. MomJD.com has used reasonable efforts in collecting, preparing and providing quality information, materials, and content, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this web site. The information, materials, and content are not intended to substitute for obtaining legal advice from competent, independent, legal counsel in the relevant jurisdiction. MomJD.com is not intended to create, and your use of the Materials does not constitute, a lawyer-client relationship. You should not act upon any of the information, materials, or content without seeking professional legal counsel. Any opinions, whether legal or otherwise, expressed on MomJD.com are solely those of the respective author.
TERMINATION These Terms are effective until terminated by either party. Users may terminate at any time by destroying all materials obtained from the MomJD.com web site and all related documentation and all copies thereof. MomJD.com may terminate these Terms, in its sole discretion, and upon such termination users shall destroy all materials obtained from the MomJD.com web site and all related documentation and all copies thereof. MomJD.com may take such further action as it deems appropriate under the circumstances to eliminate or preclude repeat violations, and MomJD.com shall not be liable for any damages of any nature suffered by any member, user, or any third party resulting in whole or in part from MomJD.com's exercise of its rights under these Terms.
DISCLAIMER. THE MATERIALS IN THE MOMJD.COM WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOMJD.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOMJD.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS, OR ANY SITES LISTED ON MOMJD.COM, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKES THE MOMJD.COM WEB SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOMJD.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE, OR ANY SITES LISTED ON MOMJD.COM, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MOMJD.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
LIMITATION OF LIABILITY. IN NO EVENT WILL MOMJD.COM OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE MOMJD.COM, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON MOMJD.COM OR DOWNLOADED FROM MOMJD.COM, EVEN IF MOMJD.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN MOMJD.COM, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH MOMJD.COM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH STATES, MOMJD.COM'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION You agree to indemnify, defend and hold harmless MomJD.com and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of MomJD.com and any violation of these Terms by you.
REFERENCES AND LINKS TO OTHER WEB SITES OR SERVICES Any reference made by MomJD.com to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by MomJD.com. Content on MomJD.com may be provided by members, users, and third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of MomJD.com.
LAST UPDATE These Terms last updated on July 10, 2001.
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