Terms and Conditions

Agreement between User and www.heymomitfits.com

Welcome to www.heymomitfits.com.  The HMIF website is comprise of various web pages operated by Hey Mom, It Fits! (“HMIF”).  www.heymomitfits.com is offered to you condition on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).  The use of www.heymomifits.com constitute your agreement to all such terms. Please read these terms carefully and keep a copy of them for your reference.

HMIF is a Blog Site.

Privacy

Your use of www.heymomitfits.com is subject to HMIF’s Privacy Policy. Please review our privacy policy, which also governs the site and inform users of a data collection practices.

Electronic Communications

Visiting www.heymomitfits.com or sending emails to HMIF constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agreed to accept responsibility for all activities that under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that HMIF is not responsible for third party access to your account that results from theft or miss appropriation to your account. HMIF and its associate reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Links to Third Party Sites/ Third Party Service

www.heymomitfits.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of HMIF and HMIF is not responsible for the contents of any Link Site, including without limitation any link contained in a Linked Site for any changes or update to a Linked Site.  HMIF is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HMIF of the site or any association with its operators.

Certain services made available via www.heymomitfits.com are delivered by third party sites and organizations. By using any product, service or functionality originating from www.heymomitfits.com domain, you hereby acknowledge and consent that HMIF may share such information and data with any third party with whom HMIF has a contractual relationship to provide the requested product, service or functionality on the behalf heymomitfits.com users and customers.

No Unlawful or Prohibited Use/ Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access the use www.heymomitfits.com strictly in accordance with these terms of use.  As a condition of your use of the Site, you warrant to HMIF that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner, which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.

All content included as part of the services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the  Site, is the property of HMIF or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, creative derivative works, or in any way exploit any of the content, in whole r in part, found on the Site.  HMIF content is not for resale.  Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices an any content.  You will use protected content solely for your personal use and will make no other use of the content without express written permission of HMIF and the copyright owner.  You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any license, express or implied, to the intellectual property of HMIF or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news group, forum, communities, personal web pages, calendars, and/or other messages or communication facilities designed to enable you to communicate with the public at large or with a group (convectively, “Communication Services”). You agree to use the Communication Services only to posts, send can we see messages and material that are proper and related to the Communication Service.

By way of example, and not as a limitation, you agree that when using a communication service, you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, , obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless  you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain ;\letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot b legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels or the origin or source of software or other material contained in a file that is uploaded; restricted or inhibit any other user from using and enjoying the Communication Service; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

www.heymomitfits.com has no obligation to monitor the Communication Services. However, HMIF reserves the right to review material posted to Communication Service and to remove any materials in its sole discretion.  HMIF reserves the right to terminate your access to any or all of the Communication Serviced at any time without notice for any reason whatsoever.

HMIF reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process of government request, or to edit, refuse to post or to remove any information or materials in whole or in part, in HMIF’s sole discretion.

Always use caution when giving out any personal identifying information about yourself or your children in any Communication Service.  HMIF does not control or endorse the content, messages, or information found in any Communication Service and, therefore, www.heymomitfits.com specially disclaims any liability with regard to Communication Services and any actions resulting from your participation in any Communication Service Managers and hosts are not authorized HMIF spokespersons, and their views do not necessarily reflect those of HMIF.

Material uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination.  You are responsible for adhering to such limitations if you upload the materials.

Material Provided to Hey Mom, It Fits! Or Posted on Any HMIF Web Page

HMIF does not claim ownership of the material you provide to www.heymomitfits.com (including feedback and suggestions) or post, upload, input or submit to any HMIF Site or our associated services (collectively “Submission”).  However, by posting, uploading, inputting, providing or submitting your Submission you are granting HMIF, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein.  HMIF is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HMIF’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your HMIF account to third party accounts by connecting your HMIF account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites) if you do not want information about you to be shared in this manner do not use this feature.

International User

This Services is controlled, operated, and administered by HMIF, from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws.  You agree that you will not use HMIF Content accessed through www.heymomitfits.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold blameless HMIF, its officers, directors, employees, agent and third parties, for any losses , costs, liabilities an expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user posting made by you, your violation of the terms of this Agreement or your violation of any rights of a third party, of your violation of any applicable laws, rules or regulations. Hey Mom It Fit! reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you in which event you will fully cooperate with HMIF in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provision hereof, whether in contact, tort or otherwise at law or in equity for damages of any other relief, then such disputes shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agreed to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope an enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations representative/ collective/ actions are not permitted.  THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’s INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUNITIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDINGS, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Furthermore, unless both you and HMIF agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE IN ACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICATICALLY ADDED TO THE INFORMATION HEREIN HEY MOM IT FITS AND OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANYTIME.

HEY MOM IT FITS AND OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND HMIF AND/OR ITS SUPPLIERS HEARBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGMENT.

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL HEY MOM, IT FITS! AND OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGE WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES , OR FOR ANY INFORMATION, SOFTWARE, PRODUCT, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEY MOM IT FITS! OR ANY OF ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BECAUSE SOME STATES JURIDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/ Access Restriction

HMIF reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the law of the state of __________ and you hereby consent to the exclusive jurisdiction and venue of courts in _________ in all disputes arising out of or relating to the use of the Site. Use of the other Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and HMIF because of this agreement or the use of this Site. HMIF’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of HMIF’s right to comply with governmental, court and law enforcement request or requirements relating to your use of the Site or information provided to or gathered by HMIF with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimer and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, agreement constitutes the entire agreement between the user and HMIF with respect to the Site and is supersedes all prior or contemporaneous communications and proposals, whether electronic , oral or written, between the user and HMIF with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is express wish to the parties that agreement and all related document be written in English.

Changes to Terms

HMIF reserve the right in its sole discretion, to change the terms under which www.heymomitfits.com is offered. The most current version of the Terms will supersede all previous versions. HMIF encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

HMIF welcome your questions or comments regarding the terms

HEY MOM IT FITS!

105 Canterbury Lane

Bolingbrook, Illinois 60440

email address: info@heymomitfits.com

Effective as of 6/15/2020