Terms of Use

   

 

Last Updated: October 8, 2020

Devoted Mamas and its affiliates (collectively, “DM,” the “Company,” “us,” “we” or “our”) are pleased to provide you with access to and use of this website and our applications, programs, content, streaming services, training services, promotions, software, technology and any other materials that we may provide (collectively, “DM Products and Services”).

These Terms of Use (the “Terms”) apply to your purchase and use of any DM Product or Service, including your access and use of the DM website (the “Site,”) even if you never purchase a DM Product or Service.

All of the DM Products and Services are intended solely for users who are 18 or older. Any use of or access to any DM Product or Service by anyone under age 18 is unauthorized and in violation of these Terms of Use. By accessing or using any DM Product or Service, you represent that you are at least 18 years old.

THE SITE AND IN THE DM PRODUCTS AND SERVICES ARE PRESENTED ONLY AS PERSONAL TRAINING – NOT PHYSICAL THERAPY, MEDICAL THERAPY OR PSYCHOLOGICAL THERAPY. THEY ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTH CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS OR TREATMENT.  NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.

1. This Is a Contract Between You and DM

These Terms and our Privacy Policy (available here) form a legally binding agreement between you and DM; they govern your access and use, and our provision of, the DM Products and Services and any other technology, content, items or other materials provided by or through DM. 

 

BY ACCESSING OR USING ANY DM PRODUCT OR SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS, OUR PRIVACY POLICY AND ANY AMENDMENTS THERETO. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY DM PRODUCTS OR SERVIDM, ESPECIALLY SINCE THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION – SEE SECTION 9 BELOW FOR RESOLUTION OF DISPUTES BETWEEN YOU AND DM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY DM PRODUCTS AND SERVICES.

Simply stated: When you use this website or DM’s products or services, you are agreeing to these terms. 

 

2. License to Use the Site and DM Products and Services

Use of the Content

The contents of the Site and any DM Product or Service, such as text, graphics, images, and other materials created by DM or obtained from DM's licensors, and other materials contained on the Site or on DM Products and Services (collectively, “Content”) is protected by the copyright laws of the United States and foreign countries.  Title to the Content remains with DM or its licensors. All rights not expressly granted herein are reserved to DM and its licensors.  Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Simply stated: The content on our website and in our products is protected by copyright laws.  If you don’t comply with the restrictions contained in these terms, we can terminate your access.

Restrictions

You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with any DM Products or Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any DM Product or Service to a human-readable form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the DM Products and Services; (iv) access or use any DM Product or Service in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, reprint, republish, publicly perform, display, post, transmit, create derivative works of, or exploit any DM Product or Service or any part thereof, except as expressly authorized in these Terms or as part of the DM Products and Services provided to you; (vi) duplicate, share, trade, sell, or otherwise distribute our DM Products and Services to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the DM Products and Services for their own personal use or business/commercial use; (vii) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any DM Product or Service or connected network, or interfere with any person or entity’s use or enjoyment of any DM Product or Service; (viii) access, monitor, or copy any element of the DM Products and Services using a robot, spider, scraper or other automated means or manual process without our express written permission; (ix) attempt to probe, scan, or test the vulnerability of the DM Products and Services, including the Site, applications, or any associated system or network, or breach security or authentication measures without proper authorization; (x) sell, resell, or make commercial use of the DM Products and Services, unless you have an executed agreement with us that expressly allows for such activity; (xi) harass, stalk, disrupt or interfere with any other user's enjoyment of the DM Products and Services or affiliated or linked sites; (xii) “deeplink” to the DM Products and Services, including the Site, without DM's express written consent; (xiii)  create or use a false identity on the DM Products and Services, share your account information, use another individual’s account information, or allow any person besides yourself to use your account to access the DM Products and Services; (xiv) harvest or otherwise collect information about DM users, including email addresses and phone numbers; (xv) download, “rip,” or otherwise attempt to obtain unauthorized access to any DM Product or Service, content or other materials.  By accessing or otherwise using any services, Content or software through any DM Product or Service, you represent and warrant that: (xvi) your access to and use of the DM Products and Services, or any content or software therein, will comply with any and all requirements in these Terms; (xvii) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (xviii) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any DM Product or Service and the Site.

You agree to only purchase DM Products and Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to use DM Products and Services for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

Simply stated: Please don’t use the website or our products or services in ways that hurt our company or other users, break the law, or exceed the access level you purchased.  Read the full text above for all our limitations.  

Third-Party Content

Certain opinions, advice, statements, or other information, including without limitation, food, nutrition and exercise data, may be made available by third parties through or in connection with the Site or DM Products and Services (“Third-Party Content”). This Third-Party Content belongs to the authors or providers of the applicable Third-Party Content, and these authors and providers are solely responsible for the Third-Party Content they provide.

 

DM DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE SITE OR IN ANY DM PRODUCTS AND SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL DM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH THE DM PRODUCTS AND SERVICES.

Simply stated: Other people may provide their own opinions, writings, videos and other content to the Site and our social media platforms.  We’re not responsible for them.

Advertisements, Searches, and Links to Other Site

DM may provide links to third-party web sites. DM does not recommend and does not endorse the content on any third-party websites. DM is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. DM does not endorse any product, service, or treatment advertised on the Site. 

If you make a purchase from any individual or company through a link provided on or through the Site or any DM Product or Service (a “Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the Merchant and its payment processing company. Your participation, correspondence or business dealings with any Merchant, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we are not responsible for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

Simply stated: Sometimes we may give you links to the content of others. We’re just trying to be helpful.  If you follow those links, be careful.  We don’t control them and are not responsible for them.

3. Your Own Content and Account, Passwords

User Generated Content

The DM Products and Services may allow you and other users of the Site to communicate, submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video, media, chats, personally identifiable information (including health, wellness and nutritional data), feedback about our products and services, testimonials, success stories, or other content (“User Generated Content”). User Generated Content that you submit through the Site, our social media platforms or any other DM Products and Services will be stored, maintained and used by DM in accordance with our Privacy Policy. 

Certain DM Products and Services include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting it. 

You may not submit or upload User Generated Content that is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law, as determined by DM in its sole and absolute discretion. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.

You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to or consent from any other person or entity, to use and exploit, and you fully and unconditionally authorize us to use and exploit, your User Generated Content in all manners and mediums (including commercial use) desired by DM, including as contemplated by these Terms. You agree to indemnify and hold us and our affiliates, parent companies, and subsidiaries, and each of their respective employees, officers, and directors harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content.

 

You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You waive any right to injunction or other equitable relief in connection with DM’s use or exploitation of User Generated Content.

You acknowledge and agree DM is not responsible for any content posted on public forums by any third parties, including any content you may find illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative, offensive or harmful. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the DM Products and Services, or any authors, experts, celebrity trainers or otherwise. User Generated Content does not state or reflect the attitudes and opinions of DM, and any views and opinions expressed on the Site shall not be attributed to or otherwise endorsed by DM.

Simply stated: If you post content to the Site or our social media platforms, keep it clean and legal. You’re responsible to us and others if what you post harms someone.  We’re not responsible for content that you or others post.

License to Your User Generated Content

We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the DM Products and Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, applications, or on the Site or in any other commercial manner. We are not, however, obligated to use your User Generated Content.  You grant us, and anyone authorized by us, the right to identify you as the author of your User Generated Content.

 

By participating in our programs and using DM Products and Services, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in DM Products and Services and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future. 

 

Simply stated: If you post content to the Site or our social media platforms, you give us the right to share it and use it. But you still own it.

 

Your Account; Passwords

You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information You agree that we may take steps to verify the accuracy of information you provide. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness, or if applicable, provide false details for a parent or guardian. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your DM passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your DM account and password; (3) promptly inform DM if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. 

Simply stated: Please make sure the information you give us about yourself is accurate.  Protect your passwords, and don’t share them.

4. Important Notice About Our Fitness and Nutrition Content

Our Content Does Not Constitute Medical Advice or Other Professional Healthcare Advice. 

THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. THE DM PRODUCTS AND SERVIDM ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE.  THE PRINTED AND RECORDED CONTENT IS INFORMATIONAL ONLY, AND OUR LIVE INSTRUCTION IS PRESENTED AS PERSONAL TRAINING ONLY – NOT PHYSICAL THERAPY, MEDICAL THERAPY OR PSYCHOLOGICAL THERAPY. 

Although DM provides its products and services with your health and safety in mind, each individual has her own limitations, and it is therefore critical that you consult your physician, nurse practitioner, physician’s assistant, therapist, nutritionist, counselor, mental health practitioner, licensed dietitian or nutritionist or any other licensed or registered healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by DM, and obtain appropriate authorization before accessing or using any DM Product or Service, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. We do not diagnose medical or psychological conditions, nor do we determine what therapies are most appropriate for you – you need a licensed medical or psychological professional for that. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!

 

The information made available on or through the Site and the DM Products and Services should not be relied upon when making medical or other important healthcare decisions. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional.  If you have or suspect that you have a medical or mental health issue, contact your doctor or 911 immediately.

 

DM 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 DM, DM employees, others appearing on the Site at the invitation of DM, or other visitors to the Site is solely at your own risk.

 

DM DOES NOT PROVIDE CLINICAL SERVICES. ANY INDIVIDUALS CERTIFIED BY DM IN ANY DM PRODUCTS OR SERVICES ARE NOT FUNCTIONING IN ANY CLINICAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. YOUR USE OF ANY DM PRODUCTS AND SERVICES DOES NOT CREATE A PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND DM OR YOU AND ANY PERSON CERTIFIED THROUGH DM.

Simply stated: We’re not your doctor and we’re not your therapist.  We don’t diagnose medical conditions or prescribe treatments.  You have to follow the advice of your own medical professional, regardless of what you might learn from our content.  We only provide educational services.

Assumption of Risk; Liability Limitations

You expressly acknowledge and agree that your access, use and/or involvement with any DM Product or Service, or individuals certified by DM in any DM products or services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, or damage to or loss of property or privacy. You acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless DM from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any DM Product or Service.  You must use your own judgment in using the DM Products and Services and you agree that you are doing so at your own risk. 

 

Simply stated: THIS IS REALLY IMPORTANT: You might get injured when you engage in the activities we cover (just like you might get injured when you go to the gym, or surf, or ride a bike).  You acknowledge that all risks cannot be eliminated.  You are choosing to engage in an activity you know has a chance of physical injury, and yet you still freely choose to do it. You won’t seek compensation if you get hurt or lose money.  

5. DM's Products/Services; Orders

Order Processing

If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt. 

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment; otherwise the DM Product or Services will not continue and we reserve the right to cease your access immediately and permanently.  If you fail to make payment in a timely manner in accordance with these Terms and we do not elect to terminate your order, you still will remain fully responsible for the full cost of the DM Products or Services.

Simply stated: You can pay by credit or debit card.  If your payment doesn’t go through, we can terminate your access or hold you responsible for full payment.

Product and Service Descriptions, Price and Other Information

We have taken reasonable precautions to ensure that all product descriptions, prices and other information shown on our Site are correct and fairly described. However, when ordering products or services through the Site, please note that:

  1. DM reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;

  2. DM reserves the right to refuse or discontinue the supply of any DM Product or Service to any customer, or change, suspend or discontinue any aspect of the Site at any time in our sole and absolute discretion; and

  3. all prices are displayed in United States Dollars unless expressly indicated otherwise.

 

Simply stated: We do our best to keep our product descriptions current and accurate, but we’re allowed to change them. 

Taxes

All purchases are subject to applicable sales and/or other taxes, which will be applied to your order total.  For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. In consideration of our allowing you access to the use of the DM Products and Services, and in collecting and remitting taxes required on your purchases, you waive your right to claim that the tax collected on any purchase is incorrect in any respect and you agree to hold us, our officers, directors, employees, agents and representatives, harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred as a result of our error in calculating the taxes you owe for your purchases.

Simply stated: When required, we add sales tax to your order.  You have to pay those taxes.  

Refund Policy

Your satisfaction with DM Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing the DM Products and Services, we have a case-by-case refund policy within 15 days of purchase (30 days for continuing education courses). By using and/or purchasing any of our DM Products or Services, you understand and agree that all sales are final, and refunds will be provided only on a case-by-case basis and only within a 90 day period from your purchase date.  

 

Since we have a clear and explicit Refund Policy, we do not tolerate or accept any threatened or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to credit reporting agencies.

Simply stated: We have a case-by-case refund policy; otherwise, all sales are final.  You must request any refunds within 15 days of purchase (30 days for continuing education courses).  

Your Personal and Payment Information

When you provide any information to us for any reason, such as to sign up for an offer, use our mobile applications, or purchase our DM Products and Services, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. In the case of e-mail, you must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment card is cancelled (for example, for loss or theft). To help keep your account current and prevent service interruption, you acknowledge DM may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.  Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through the DM Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase.

 

For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the Merchant directly.

Simply stated: The payment information you give us has to be accurate and up-to-date.  We will keep it private.  We use third-parties to process your payment, and their privacy policies may be different than ours.

Automatic Renewal and Subscription Products

We offer certain DM Products and Services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your subscription will automatically renew, and unless and until you cancel, you authorize us to charge your payment card for the products/services you continue to purchase, plus applicable taxes. If there are any changes to your subscription terms, such as pricing, frequency, date of charge or any other items, we will take commercially reasonable efforts to inform you in writing of such change. 

Simply stated: Subscription purchases will renew automatically unless you contact us to cancel them. 

 

6. Disclaimers; Limitations of Liability; Indemnity

Any individual results using DM Products and Services may vary. 

WE MAKE NO WARRANTIES AS TO OUR PRODUCTS OR SERVICES. YOU AGREE THAT THE DM PRODUCTS OR SERVIDM ARE PROVIDED AS-IS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE DM PRODUCTS AND SERVICES WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF DM PRODUCTS OR SERVIDM OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our DM Products and Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other DM Product or Service participant or user, including you.

You acknowledge that we have not and do not make any representations as to the health, physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in a DM Product or Service. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of the DM Products and Services, and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our DM Products and Services. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

We try to ensure that the availability and delivery of the DM Products and Services is uninterrupted and error-free, including our Content and communications through methods like the Site, member forums, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable MP3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. We cannot guarantee, however, that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our DM Products or Services become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the DM Products or Services inaccessible to you.

We take every precaution to protect the DM Products and Services. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the DM Products and Services or the contributions or information transmitted to us on or through the Site or the DM Products and Services. Submitting contributions or information on or through the DM Products and Services is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of the DM Products and Services and you agree that you are assuming such risks.

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in DM Products and Services. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our Content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

When you apply for, enroll in, purchase or DM Products or Services, we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”). By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information.  We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our DM Products or Services, we take measures to protect the security of your Confidential Information both online and offline.   However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.   We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

You agree to defend, indemnify, and hold DM, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Generated Content you post or upload, (c) your use of or reliance on any User Generated Content, (d) your improper use of any DM Products or Services, (e) your violation of any rights of a third party or (f) your violation of these Terms and Conditions.

Simply stated: You agree that we are not liable if our products or services don’t do what you expect or aren’t always available, or if you are harmed while using them.  We will do our best to secure confidential information, but we can’t guarantee we’ll never be victimized by hackers and other intruders.

7. Copyright Policy and Copyright Agent

It is DM's policy to respect the copyright and other intellectual property rights of others. DM may remove content from its websites or other properties that appears to infringe the copyright or intellectual property rights of others, including moral rights, of others. In addition, DM may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, DM complies with the Digital Millennium Copyright Act.

If you believe any materials accessible on or from the Site or our social media platforms infringe your copyright, you may request removal of those materials (or access thereto) by contacting DM's copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

  2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.

  3. Your name, address, telephone number and (if available) e-mail address.

  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner's behalf.

  6. A signature or the electronic equivalent from the copyright holder or authorized representative.
     

DM's agent for copyright issues relating to this web site is as follows:

[conciergeatdevotedmamas.com]
 

In an effort to protect the rights of copyright owners, DM maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Simply stated: If you believe someone has submitted content you own, without your consent, to our website or other properties, follow the procedure above so we can take it down.

8. Dispute Resolution; Arbitration

 It is hoped that should we ever have any differences; we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at conciergeatdevotedmamas.com and include all of your reasons for dissatisfaction with your DM Product or Service. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payments made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.

By purchasing a DM Product or Service, you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.

You also agree that should arbitration take place, it will be held in Montclair, NJ USA, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, DM, or any DM Product or Service. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

Simply stated: If you have complaint that cannot be resolved informally, you agree to resolve it in arbitration, not a trial.

9. Termination

 You have the right to terminate your use of or participation in any DM Product or Service at any time by sending an e-mail to conciergeatdevotedmamas.com.

 

If you violate any material provision of these Terms, we reserve the right in our sole discretion to terminate your access to any DM Product or Service, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the any DM Product or Service.   In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

Upon termination by either of us, we reserve the right to immediately terminate your access to any aspect of the DM Products and Services, including but not limited to the Site, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to the DM Products and Services at any time without notice and in our sole discretion.

 

All of these Terms, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.

Simply stated: You can terminate your membership any time you want; we can terminate it if you violate these terms of use.

10. Changes to These Terms

DM may revise and update these Terms at any time. Your continued use of the Site will mean you accept those changes.

Simply stated: Actually, we can’t say it more simply than that.

11. Miscellaneous

Governing Law. You agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will exclusively govern these Terms and any dispute between you and DM. As the DM Products and Services are controlled by DM from New Jersey, New Jersey law will apply regardless of your residence or the location where you use DM Products and Services.

International Users. Our websites are controlled, operated, and administered by DM from its offices within the United States of America. DM makes no representation or warranty that the materials contained within the DM Products and Services are appropriate or available for use at locations outside of the United States, and access to them from territories where the contents or products available through the DM Products and Services are illegal is prohibited. You may not use the DM Products and Services or export the DM Products and Services in violation of U.S. export laws and regulations. If you access the DM Products and Services from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.

Notices. All notices required or permitted to be given under these Terms must be in writing. DM may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH DM IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY DM OF AN EMAIL TO THAT ADDRESS. You shall give any notice to DM by means email to [concierge@devotedmamas.com]. Such notice to DM shall be effective upon receipt of notice by DM.

Severability. If any provision of these Terms (except for Section 9), or a part thereof, shall be unlawful, void or for any reason unenforceable, then that provision or part thereof shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or parts thereof. If any terms of these Terms are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.

Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by the Chief Legal Officer of DM in order to be effective.

Assignment. DM may assign these Terms to any person or entity that acquires our business or business assets, with or without notice to you.  You may not assign this agreement without our prior consent, which we will not unreasonably withhold.  

Entire Agreement. These Terms constitute the final, exclusive and complete agreement between you and DM regarding the subject matter hereof and supersede all prior agreements, communications and course of dealings between you and DM.

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