Terms of Service

Terms of Service

Effective Date: April 9, 2021

Welcome to Work & Mother. These Terms of Service set forth the terms and conditions that apply to your access and use of our website workandmother.com (the “Website”), any mobile applications we may develop in the future (each, an “App”), and your engagement with our services, including, without limitation, any purchases you may make (collectively, the “Services”). Please review the following terms carefully. If you do not agree to these terms, you may not access or use the Services. 

The terms “Work & Mother” or “us” or “we” or “our” refer to WORK AND MOTHER SERVICES, LLC, the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services.

  1. Acceptance

You agree to the terms and conditions set forth in these Terms of Service (the “Terms of Service”). These Terms of Service are the only agreement between us and you and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services, the content, products or services provided by or through the Services, and the subject matter of these Terms of Service. You must be at least the age of legal majority where you live (which is currently 18 years old in most states) to use our Services, or you must have the permission of your parent or guardian who must agree to these terms on your behalf.

  1. Modifications

These Terms of Service may be amended at any time by us without specific notice to you. The latest Terms of Service will be posted on the Services, and you should review the Terms of Service prior to using the Services, so you are aware of any changes. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.

  1. Privacy

The Privacy Policy is incorporated by reference into these Terms of Service, and your agreement to be bound by these Terms of Service means you are also bound by the Privacy Policy.

  1. Online Purchases

(a) Order Acceptance and Cancellation. Your order is an offer to buy or license, as applicable, the Services listed in your order. All orders must be accepted by us or we will not be obligated to provide the Services to you. We may choose not to accept any orders in our sole discretion.

(b) Prices and Payment Terms. All prices posted on this Website are subject to change without notice. The price charged for a Service will be the price in effect at the time the order is placed. Posted prices do not include taxes, if any are applicable. All such taxes will be added to your merchandise total. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order.

(c) Returns and Refunds. All Services offered on or via the Website are non-returnable and non-refundable.

 

  1. Use of Services

(a) Certain sections of, or offerings from, the Services may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. We do not permit you to allow (a) any other person or entity to use the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

(b) We reserve the right to close, suspend, or limit access to your account and/or the Services in the event that, in our sole discretion, (a) we are unable to obtain or verify your identity or eligibility to use the Services; (b) the security of your account has been compromised; or (c) your account has been used in, or seems to have been used in, a nefarious manner or in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of any part of the Services.

 

  1. Intellectual Property Rights

The Services and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof (collectively, the “Content”) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit of any of the material on the Services except as allowed by these Terms of Service, and any such use except as allowed by these Terms of Service is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Services. The postings of information or materials on the Services does not constitute a waiver of any right in such information and materials.

Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Work & Mother or our affiliates or licensors. You must not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

  1. Limited License; Permitted Use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms of Service. All other rights are reserved.

  1. Restrictions and Prohibitions on Use

Your license for access and use of the Services and any Content therein are subject to the following restrictions and prohibitions on use:  you may not (a) copy, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Services or any Content retrieved therefrom; (b) create compilations or derivative works of any Content from the Services; (c) use any Content from the Services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (d) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Services; (e) make any portion of the Services available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (f) remove, decompile, disassemble or reverse engineer any software in the Services or use any network monitoring or discovery software to determine the Services architecture; (g) use any automatic or manual process to harvest information from the Services; (h) use the Services for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions or telephone solicitations; (i) use the Services in a manner that violates any state or federal law; (j) export or re-export the Services or any portion thereof, or any software available on or through the Services, in violation of the export control laws or regulations of the United States; and (k) use the Services in any way except as permitted by these Terms of Service.

  1. Errors, Corrections and Changes

We may make changes to the features, functionality or content of the Services at any time, but such content features, or functionality may not be complete or up to date. Some or all of the Content may be out of date at any given time and we reserve the right in our sole discretion to edit or delete any information or Content appearing on the Services.

  1. Third-Party Content

Third-party material may appear on the Services or may be accessible via links from the Services. We are not responsible for and assume no liability for any third-party material on the Services. You understand and acknowledge that the information and opinions of third-parties represent solely the thoughts of that third-party author and are in no way endorsed by us.

  1. Unlawful Activity

We reserve the right to investigate complaints or reported violations of these Terms of Service and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

  1. Nontransferable

Your right to use the Services is not transferable or assignable and any such transfer or assignment is void in ab initio. Any password or right given to you to obtain information is not transferable or assignable.

  1. Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, contractors, licensors, third party suppliers of information, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any and all liabilities, damages, judgments, awards, losses, costs, claims, fees and expenses, including reasonable attorney’s fees, related to your violation of these Terms of Service or use of the Content or the Services, or any information obtained from the Content or the Services.

  1. Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.

YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES.

TO THE FULLEST EXTENT PROVIDED BY LAW, WORK AND MOTHER SERVICES LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation of Liability 

(a) In no event will we or an Affiliated Party be liable for any direct, indirect, special, incidental, punitive, consequential damages, or damages of any kind (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if foreseeable or advised of the possibility of such damages arising out of or in connection with your use, or inability to use the Services or any website linked to the Services.

(b) Notwithstanding Section 15(a), the aggregate liability of us and any Affiliated Party in connection with any claim arising out of or relating to the Services and/or the Content provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any Affiliated Party.

(c) The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. The Services and the Content presented would not be provided without such limitations. 

 

  1. Use of Information

We reserve the right, and you authorize us, to use and share, in any manner consistent with our Privacy Policy, all information regarding your use of the Services.  You agree and acknowledge that all remarks, suggestions, ideas, images, graphics, or other information communicated by you to us (collectively, a “Submission”) will be our property in perpetuity. We will not be required to treat any Submission as confidential and will not be liable for the use of any ideas provided by you (including without limitation, product, service or advertising ideas). We will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

  1. Copyright Complaints

We respect the intellectual property of others, and we ask you to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyright work that you claim has been infringed;
  • A description of where the infringing material is located on the Services;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can reach us directly by emailing us at hello@workandmother.com with the subject “Copyright Infringement.” Please note that we may request additional information before removing any allegedly infringing material.

 

  1. Severable and Survival

If any provision of these Terms of Service is found invalid or unenforceable pursuant to judicial decision, the remainder of these Terms of Service will remain valid and enforceable according to its terms. All terms that logically ought to survive the termination of these Terms of Service shall survive.

  1. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and the Content provided therein.

  1. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to conflict or choice of law rules.  Any legal suit, action or proceeding related to these Terms of Service or the Services shall be instituted exclusively in the state or federal courts located in the City of Houston and County of Harris.

  1. Force Majeure

We will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond our reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action, in so far as such an event prevents or delays us in fulfilling our obligations hereunder.

  1. Contact Information

If you have any questions or concerns about these Terms of Service, please email us at hello@workandmother.com.