MamaMend Terms of Service
These MamaMend Terms of Service (these “Terms”) apply to your use of the MamaMend website, including mobile apps, integrations, APIs, emails, notifications and all other interactive properties, whether or not branded as MamaMend, along with the related services made available through the website (together, the “Services”), that are owned, facilitated or provided by MamaMend, Inc., along with its affiliated organizations (together, “MamaMend”). This may include direct access to the Services or sign in through a third party’s application.
By using our Services, you are agreeing to these Terms. Please read them carefully. If you do not agree to all of these Terms, do not use the Services! We may revise and update these Terms at any time. Your continued usage of the Services will mean you accept those changes. If you have any questions, please don’t hesitate to contact us at: hello@mamamend.com.
This Site Does Not Provide Medical Advice
The contents of the Services, such as text, graphics, images, symptom lookups, symptom tracking, self-assessment surveys, information obtained from MamaMend’s licensors, and other material (“Content”) are for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read through the Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. MamaMend does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by MamaMend, MamaMend employees, others appearing on the site at the invitation of MamaMend, or other visitors to the site is solely at your own risk.
Reliance on the Services or any content appearing through the Services is solely at your own risk. Use of the Services, as well as any other interactions with MamaMend or other Users through the Services, does not create a professional relationship or any privacy interests other than as specified in these terms.
Description of Services
The Services allow registered individuals and entities (each, a “User”) to access, post, and share information, content and resources through the Services. Users may include individuals looking for access to information as well as physicians and other medical professionals who share information with other Users.
User Registration
You may be required to establish a MamaMend Account to access or use some or all of the Services. You may create your own MamaMend Account. When you create a MamaMend Account, you agree that all information provided will be true and complete, and will be promptly updated and kept accurate and current.
To protect your MamaMend Account, keep your password confidential. If you learn of any unauthorized use of your MamaMend Account or password, please contact us immediately at: hello@mamamend.com.
You are responsible for all activity that happens on or through your MamaMend Account. If you are a User that is an entity, institution, or other organization, you are also responsible for all acts or omissions of your designated end users (including administrators, faculty, employees, or agents) with respect to their use of the Services, and you will be responsible for ensuring that your end users fully comply with these terms. If you are using our Services on behalf of an entity, institution, or other organization, that entity, institution, or other organization accepts these Terms.
Children’s Privacy
You may only use these Services if you are over 13 years old. Because you can only enter into a contract if you are at least 18 years old (or the age of the majority where you reside, whichever is older), we require users younger than 18 (or the applicable age of majority, whichever is older) to obtain the consent of a parent or guardian before creating a MamaMend Account or using the Services.
We are committed to protecting the privacy of children. You should be aware that the Services are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Through the Services, Users may interact with MamaMend and other Users. You agree that you are solely responsible for all interactions with other Users through the Services. Your extension or acceptance of any interaction with another User through the Services will serve as your consent to the other User’s use and disclosure of your User Content. MamaMend does not guarantee any confidentiality with respect to any User Content.
In order to use the Services, you musthave equipment, such as a computer or smartphone, that has Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for providing such equipment and paying such fees that are necessary to make an Internet connection. You agree that we are not responsible if you cannot access the Services or suffer any loss as a result of your Internet connection, telecommunication providers, or faulty equipment.
Limitations of the Services
MamaMend does not guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence or background of any User. As such, a User’s relationship with any other User relating to services is strictly between such Users. MamaMend is not involved with the actual substance of that relationship and we do not validate or control any of the User’s services. We assume no responsibility for any act, omission or wrongdoing of any User. While the Services may help match Users, we make no representation or warranty whatsoever as to whether you will find the Services relevant, useful, correct, satisfactory or suitable to your needs.
You are advised to exercise a high level of care and caution in the use of the Services. You should never rely on or make health or well-being decisions purely on use of the Services. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of information or advice you received through the Services.
Use of Materials
All materials posted through the Services are protected by the copyright laws in the United States and in foreign countries. MamaMend authorizes you to view or download a single copy of the material solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: "©2018, MamaMend, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible through the Services may be included elsewhere and are incorporated into these Terms by reference.
Title to the materials remains with MamaMend or its licensors. Any use of the materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of MamaMend. All rights not expressly granted herein are reserved to MamaMend and its licensors.
If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.
Content
All data, information, resources (including, without limitation, profiles, pages and programs) and other content (such as text, audio, video, photographs, illustrations, graphics and other media) that is made available through the Services (such as by connecting with other Users, posting User Content, or providing comments on Content posted by MamaMend or other Users) is sometimes referred to in these terms as “Content.”
You are solely responsible for all Content that you make available through the Services (“User Content”). You must provide all required and appropriate warnings, information and disclosures for the User Content. When you post User Content, it means that you are allowing MamaMend and all Users in which you interact through the Services to access and use that User Content. You agree that none of your User Content or the use or disclosure of your User Content by MamaMend or by Users in you which you interact through the Services will: (a) violate these terms or law; (b) be libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (c) constitute an infringement or misappropriation of any intellectual property rights or other rights of any third party; (d) be false, misleading, or inaccurate; or (e) be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message or disruptive advertisement. You represent and warrant that you have all rights necessary to grant this license to MamaMend and the other Users with which you interact through the Services.
You own or have all necessary rights to make available the User Content through the Services. For example, User Content representing a brand, entity or public figure may only be made available by an authorized representative of that brand, entity or public figure.
By making available User Content, you grant MamaMend (and those we work with) and other Users that you interact with through the Services a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display User Content throughout the world in any form, media, software, or technology of any kind. Premium User Content may require a payment or subscription for access (see Payment below). This license ends when you delete your User Content or your MamaMend Account, unless your User Content has been shared with others and they have not deleted it. However, you understand that removed User Content may persist in backup copies for a reasonable period of time (but will not be available to others). Under no circumstances will MamaMend be liable for any User Content, including any errors or omissions in any User Content, or for any loss or damage suffered as a result of any use or disclosure of User Content or any deletion, correction, destruction, damage, loss, or failure to store or back-up any User Content.
If you collect content and information directly from Users, you will make it clear that you (and not MamaMend) are collecting it and you will provide notice and obtain User consent for the use of the content and information you collect. Regardless of how you obtain information from Users, you are responsible for all necessary permissions to reuse their content and information.
You agree that MamaMend, and those we work with, do not control any of the User Content posted to the Services and, as such, MamaMend does not guarantee any User Content’s accuracy, integrity, or quality. You understand that you may be exposed to User Content that is offensive, indecent, or objectionable.
If you come across hate speech, pornographic material, or spam through the Services, or if someone is harassing you, we want to know about it! None of that is allowed on the Services and we encourage you to let us know about any violations of this nature by flagging them. We regularly review flagged Content and we may remove, and take enforcement action against, those Users and Content that violate these terms or otherwise act in any manner threatening to the principles described here. Please help us keep MamaMend an inviting community for all types of readers and let us know about Content that shouldn’t be available through the Services.
We may review User Content to determine whether it violates our policies or law, and we may remove or refuse to display any User Content that we reasonably believe violates our policies or applicable law, but that does not mean that we review User Content, so please don’t assume that we do.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Social Media and Third Party Links
The Services may provide links to third-party websites. MamaMend does not endorse, warrant or guarantee the products or services available through such third-party websites, whether or not sponsored. MamaMend is not an agent or broker or otherwise responsible for the activities or policies of third-party websites. If you elect to purchase products or services from third parties, you are subject to their terms of service and privacy policy.
Privacy
MamaMend’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that MamaMend can use such data in accordance with our Privacy Policy. You will not collect User’s information or Content, or otherwise access the MamaMend Services, using any automated means such as harvesting bots, robots, spiders or scrapers.
Copyright Protection
MamaMend respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable or terminate the accounts of Users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to MamaMend’s copyright agent:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
2. A description of the copyrighted work or other intellectual property that you claim has been infringed.
3. A description of where the material that you claim is infringing is located on the Services.
4. Your address, telephone number, and email address.
5. Both of the following statements in the notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
MamaMend’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: MamaMend, PO Box 4664, Boulder, CO 80302
By email: hello@MamaMend.com
Payment
In addition to the Services available to you for no charge, you may be offered the opportunity to purchase, subscribe to, or otherwise obtain access to Services, Content, or other products or services from MamaMend through the Services for an additional fee and pursuant to a separate agreement with MamaMend (each, a “License Agreement”). In the event that the terms of the License Agreement conflict with these terms, you agree that the terms of the License Agreement will control.
Any purchase or subscription will be subject to any terms and conditions included in any License Agreement or displayed in connection with the purchase or subscription in addition to these terms. Unless otherwise indicated in the Services, purchases or subscriptions made through the Services cannot be exchanged and any fees or charges in connection with those purchases or subscriptions are non-refundable. All information provided in connection with a purchase or other transaction through the Services will be accurate complete and current. You authorize MamaMend (or a company chosen to act on behalf of MamaMend) to charge the credit card, debit card, mobile services account, or other payment method provided in connection with any transaction made through your MamaMend Account on the Services and agree to honor all charges incurred in connection with any such transaction.
Modifying and Terminating the Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You may cease use of the Services at any time. If you also wish to disable access to your MamaMend Account, you may contact MamaMend at the email address listed above to request that your MamaMend Account be disabled.
MamaMend may terminate your MamaMend Account at any time by disabling access to your MamaMend Account or by providing notice to you under these terms.
MamaMend may also suspend and disable access to your MamaMend Account and the Services (including your User Content), with or without notice, upon any actual, threatened, or suspected breach of these terms or applicable law, or if we reasonably believe your conduct is inappropriate or detrimental to the Services or any other User.
Liability of MamaMend and its Licensors
The Services and the Content are provided on an "as is" basis. MAMAMEND, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, MamaMend, its licensors, and its suppliers make no representations or warranties about the following: (a) the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Services, (b) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content made available through the Services.
In no event shall MamaMend, its licensors, its suppliers, or any third parties mentioned through the Services be liable for any damages (including, without limitation, punitive, incidental, and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Services or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MamaMend, its licensors, its suppliers, or any third parties mentioned through the Services are advised of the possibility of such damages. MamaMend, its licensors, its suppliers, or any third parties mentioned through the Services shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. MamaMend, its licensors, its suppliers, or any third parties mentioned through the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services or Content. Any claims arising in connection with your use of the Services or Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
Indemnification
You agree to indemnify and hold MamaMend (along with its affiliates, managers, officers, partners, employees, successors and assigns) harmless from and against any third party claims, losses, damages, or demands (including reasonable attorneys’ fees and court costs) that are due to or arise out of your User Content you make available through the Services; your use of the Services; your interactions with other Users through the Services; and your violation of these terms or the rights of another.
About these Terms
Except as expressly provided in a particular "legal notice" posted through the Services, these Terms and our Privacy Policy constitute the entire agreement between you and MamaMend with respect to the use of the Services and Content.
We may modify these Terms to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these Terms on this page. Changes will become effective no sooner than 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Content, Liability of MamaMend, Indemnification, About These Terms, and Jurisdiction.
Jurisdiction
The laws of Colorado, U.S.A., excluding Colorado’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
You expressly agree that exclusive jurisdiction for any dispute with MamaMend, or in any way relating to these Terms or your use of the Services, resides in the courts of the State of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute including any claim involving MamaMend or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles.
MamaMend makes no claims that the Services or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Services or Content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.