Terms & Conditions

These MOM Terms and Conditions (“Agreement”) concern the website (together with its pages and features, “Site”) and mobile software application (together with its pages and features, “App”) of Medical Optical Machine-Learning Ltd. (“MOM”), as well as those certain products and services provided on, through or in relation to the Site and/or the App. This Agreement is made and entered into by and between you and any person helping you visit, access, register with and/or use the Site and/or the App (collectively, “you” or “your”), on the one side, and MOM, on the other side.  You and MOM are sometimes referred to herein each as a “Party” and together as the “Parties.”

Please read this Agreement carefully before accessing or using the Site or the App because it constitutes a legally binding agreement between you and MOM.

When you create, register or log into an account through the Site or the App you are automatically accepting and agreeing to the most-recent version of this Agreement.

Similarly, by visiting, accessing, registering with or using the Site or the App you are automatically accepting and agreeing to the most-recent version of this Agreement, and your continuing visit, access, registration with or use of the Site or the App reaffirms your acceptance and agreement in each instance.

If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from visiting, accessing, registering with and/or using the Site or the App.

MOM may supplement, amend or otherwise modify this Agreement at any time.  Such modifications will be posted on this or a similar page of the Site or the App, as applicable, emailed to the email address associated with your User Account (defined below) or posted to your User Account (defined below), and shall be deemed effective as of their stated effective or modification date.  It is your responsibility to carefully review this Agreement and your User Account (defined below) each time you visit, access, register with or use the Site or the App.

Eligibility.  The Site and the App are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted this Agreement.  By visiting, accessing, registering with or using the Site or the App, or by purchasing or using any products or services through the Site or the App, you represent and warrant to MOM that you meet these eligibility requirements.  You agree to comply with all applicable laws for visiting, accessing, registering with and using the Site and the App and for purchasing any products or services through the Site or the App, and you may only use them for lawful purposes.

Privacy. MOM respects your privacy and the use and protection of your personal information. MOM’s policies concerning the collection and use of your personal information in connection with the Site and the App are set forth in the Privacy Policy, which you should carefully review each time you visit, access or use the Site or the App.

Your Devices.  Certain portions of the Site and/or the App may be configured for, and MOM may offer the Site and the App through, computers, tablets, smart phones and/or other electronic devices (“Device(s)”), and this Agreement shall apply with equal force and measure to your visit, access, registration with and use of the Site and the App through such Devices.  You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly access and use the Site and/or the App. MOM does not guarantee that the Site, the App or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network.  If you visit, access or use the Site or the App through a particular Device, then you hereby acknowledge and agree that information about your use of the Site or the App through that Device or its carrier or network (such as, by way of example only, the identity of your Device or its carrier or network) may be communicated to MOM and/or certain third parties.  All or any part of the voice, message, and data fees, rates, charges and taxes of your Device’s carrier or network, or another third party, may apply to your visit, access, registration with and/or use of the Site and/or the App. MOM is not responsible for, and you further accept full responsibility for, all Device, carrier and network fees, rates, charges and taxes which may apply, if any.

Ownership.  The Site, the App, and all elements and derivatives thereof (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by MOM.  In no event shall you have or retain any rights, titles or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed as a waiver or limitation of MOM’s or its licensors’ respective rights and remedies under applicable law.

Rights, Permissions, and Consents.

License of the Site.  Subject to the terms and conditions of this Agreement, and any associated payment and registration obligations as imposed by or with the prior consent of MOM, MOM grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and content found thereon.  If you have a User Account (defined below) in good standing, then said license shall extend to the User-only pages of the Site. Your unauthorized use of the Site or the App, or any breach by you of this Agreement, automatically terminates this license.

License of the App.  Subject to the terms and conditions of this Agreement, and any associated payment and registration obligations as imposed by or with the prior consent of MOM, if you download a genuine copy of the App to your Device, and if you further acknowledge your acceptance of and agreement to this Agreement, as well as those additional terms, conditions and policies referenced herein, as MOM may require from time-to-time, then MOM grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and use the App on said Device for the purpose of using the App as MOM intends for end users of the App.  You may not rent, lease, lend, sell, transfer, redistribute or sublicense the App; and if you sell or otherwise transfer to a third party a Device on which the App is installed, then you must remove the App from such Device before doing so. If you have a User Account (defined below) in good standing, then said license shall extend to the User-only sections of the App. Your unauthorized use of the Site or the App, or any breach by you of this Agreement, automatically terminates this license.

License of User Materials.  All names, photographs, information, communications and any other content that you submit to or publish on or through the Site or the App, or that you submit to or publish on an online social media account (e.g., Facebook, Twitter, Instagram) that you own and link or otherwise associate with the Site, the App or your User Account (defined below), including any medical information you provide via the Site or the App, if any and as applicable, is hereinafter defined as the “User Materials.”  You hereby grant MOM an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual and universe-wide license for MOM to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, archive and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any manner, medium or form, whether now known or hereinafter devised, as MOM sees fit in its sole discretion.  As further described in the Site’s and the App’s Privacy Policy, MOM may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by MOM or as required by law.

Reservation of Rights.  Nothing in this Agreement shall restrict or limit MOM’s rights, titles or interests in or to the Site, the App, the User Materials or any elements or derivatives of the foregoing.

Warnings; Disclaimers.  Please note that the User Materials might become the subject of public disclosure.  Thus, other than as set forth in any other agreement executed by MOM or as required by law, neither MOM nor its successors, assigns, transferees, or licensees are responsible for, and expressly disclaim any liability arising from or in connection with, its/their use of any User Materials in accordance with the terms and conditions of this Agreement.

Suspension or Termination of Service. MOM has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site, the App and/or your User Account at any time, and without notice or recourse, as MOM deems advisable in its sole discretion. MOM shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content).

User Account.

Registration.  To secure the right to access and use all features of the Site or the App, you must register with and create a personal user account with MOM through the Site or the App (“User Account”), as well as further acknowledge your acceptance of and agreement to this Agreement and those additional terms, conditions and policies referenced herein, as MOM may require from time-to-time.  As part of the registration process, you may be required to satisfy certain conditions precedent imposed by MOM (including, for example, providing additional information to MOM, and entering into additional agreements with MOM). Unless otherwise permitted by MOM in writing, you may only have one (1) non-transferable User Account.

User Account Activity and Information.  You are responsible for all activity that occurs under your User Account and prohibited from authorizing or allowing any third party to access or use your User Account.  Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and password). You should also maintain accurate, complete, and up-to-date information in your User Account (including, without limitation, maintaining a valid and current email address) because your failure to do so may result in your inability to access, use and/or receive all or any part of the Site or the App and/or MOM’s termination of this Agreement.  For security purposes, you shall immediately notify MOM if you suspect a third party has gained access to or is using your User Account without authorization. For the avoidance of doubt, MOM has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors, and vendors to access and use, the information in your User Account in order to facilitate the exercise and performance of MOM’s rights and obligations under this Agreement, the operation of the Site and the App, and/or any other the rights, obligations and services related to the subject matter of this Agreement (including, without limitation, payments, and communications).

Indemnification.  If you fail to comply with any terms or conditions of this Agreement (whether intentionally or unintentionally), then you accept full responsibility for the consequences thereof (including, without limitation, any unauthorized changes to your User Account information and settings and any unauthorized access or use of your User Account), and agree to indemnify, release and hold harmless MOM and MOM’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including, without limitation, costs and outside legal fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with your failure to comply with such terms or conditions.

Fees. By accepting the terms and conditions of this Agreement, you understand and acknowledge that MOM reserves the right, but not the obligation, to increase its fees at any time and as MOM sees fit in its sole discretion.

Payments.

Third-Party Payment Processing Vendor.  All credit card, debit card and other monetary transactions on or through the Site and/or the App occur through an online payment processing application that is provided by a third-party vendor(s) and accessible through the Site and/or the App. MOM’s relationship with its third-party payment processing vendor(s), if any, is merely contractual in nature, as it is nothing more than a third-party vendor and is in no way subject MOM’ direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, contractors or the like.

Refusal of Products and Services. MOM has the right to refuse its products and services (including, without limitation, the Site, the Apps, and any products and services offered by MOM) if it suspects that you are in any way involved in fraudulent or illegal activity, including, but not limited to, the use of stolen credit cards or prescription medication fraud. MOM may contact your payment method issuer, law enforcement, or others and share information relating to your payments if MOM believes doing so will prevent a violation of the law or financial loss.

Payment Authorization.  If you provide MOM with your payment information, then you authorize MOM to do the following as MOM deems necessary, although MOM has no obligation to do so: 

  • share your payment information with the third-party payment processing vendor(s); and
  • obtain your updated payment information from your payment issuer, the third-party payment processing vendor(s) and/or applicable third-party providers.

Payment Obligations.  You agree that you are responsible for all amounts that accrue under your account(s) with MOM, the third-party payment processing vendor(s) and/or other third parties on or through the Site and/or the App.  You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on or through the Site and/or the App, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.

Waiver of Claims. Unauthorized Payments.  To the fullest extent permitted by law, you agree to waive all claims against MOM related to any unauthorized payments made on or through your account(s) with MOM, MOM’s third-party payment processing vendor(s) or any other third parties and/or any other person or entity, regardless of whether they are authorized or unauthorized.  However, you may submit a claim of the unauthorized payment to MOM, and MOM will undertake a reasonable investigation as it sees fit under the circumstances of and, if MOM deems appropriate, assist in correcting the alleged unauthorized payment, provided that such claim (“Unauthorized Payment Claim”) is received by MOM within fifteen (15) days of the subject charge or payment.  Each Unauthorized Payment Claim must be submitted to the following email address: support@mom-ltd.com, with a subject line of “Claim Concerning Unauthorized Payment.” For each Unauthorized Payment Claim, please state “Claim Concerning Unauthorized Payment” in the email subject line and clearly describe your claim.

Accurate Payment Information.  You represent and warrant to MOM that any payment information you provide on or through the Site and/or the App is current, complete and accurate; and that you will promptly notify MOM if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.

Refunds.  All sales and payments made on, through or regarding the Site, the App and/or your User Account are final, irrevocable and not subject to or eligible for a refund.

Electronic Communications.

Express Consent.  You hereby expressly consent to MOM sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) via any electronic means or forms as MOM deems appropriate in its sole discretion, whether through the Site, through the App, through your User Account, by personal communication, by email, by automatic telephone dialing system, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic media means or forms.  By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, Canadian Anti-Spam Legislation, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any MOM products or services.

Email Opt-Out.  You may opt-out of receiving any emails any time by following the opt-out instructions in any such emails you have received and would like to opt-out of.  You may also opt-out of receiving certain emails by managing your electronic communication preferences through your User Account. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, the App, your User Account, MOM’s products or services, and/or your ability to receive certain messages and/or notifications from MOM.

Text Message Opt-Out.  You may opt-out of receiving any text messages (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) at any time by following the opt-out instructions in any such text messages you have received and would like to opt-out of.  You may also opt-out of receiving certain text messages by managing your electronic communication preferences through your User Account. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, the App, your User Account, MOM’s products or services, and/or your ability to receive certain messages and/or notifications from MOM.

Other Opt-Outs.  You may opt-out of receiving any communications at any time by providing MOM with an email to support@mom-ltd.com, with a subject line of “Opt-Out of Communications,” a list in the body of the email that identifies the specific type of communication(s) that is the subject of your opt-out request (e.g., communications by automatic telephone dialing system), and a list in the body of the email that identifies the telephone number(s) or email address(es) (as applicable depending on the specific type of communication(s) that is the subject of your opt-out request) belonging to you which are the subject of your opt-out request.  You may also opt-out of receiving certain of those communications by managing your electronic communication preferences through your User Account. You acknowledge that opting out of receiving any of those communications may impact your receipt, the success, and/or the performance of all or any part of the Site, the App, your User Account, MOM’s products or services, and/or your ability to receive certain messages and/or notifications from MOM.

Prohibited Activities.  You shall not engage in any of the following activities at any time with respect to the Site or the App: 

  • the impersonation of any person or entity;
  • any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by MOM or its licensors with respect to the Site or the App;
  • the reproduction of the Site, the App or any data or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authorized by MOM herein);
  • the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening or abusive);
  • the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent;
  • the publication of any machine, computer or randomly generated content;
  • supplying or publishing any information or statements to or through the Site or the App that is false, misleading, deceptive or incorrect;
  • any act that constitutes a commercial activity;
  • any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers or applications;
  • the systematic retrieval or copying of any information or content found on or through the Site, the App or any servers which may host the Site or the App to directly or indirectly create or compile, in whole or in part, a collection, compilation, database or directory;
  • the use of any software, program, process, device, application or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site, the App, any servers which may host the Site or the App, or any data or content found thereon or therein;
  • any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like in relation to the Site, the App, or any servers which may host the Site or the App;
  • any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site, the App, or any servers which may host the Site or the App;
  • any act that gains or attempt to gain unauthorized access to computer systems, networks, information or materials through the Site, the App or any servers which may host the Site or the App; or
  • any other act that MOM becomes aware of and believes in good faith is improper, illegal or harmful to the Site, the App, any servers which may host the Site or the App, any person or entity or the property of any person or entity.

Links to Other Sites, Apps or Networks.

Linked Technologies.  The Site and/or the App may contain links to third-party websites, networks, platforms, servers and/or applications (“Linked Technologies”).  The Linked Technologies are not under the control of MOM. The Site and the App only contain these links as a convenience to you.

Disclaimer About Linked Technologies. MOM is not responsible for any information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from the Linked Technologies (including, without limitation and by way of example only, malicious software, spyware programs, inaccurate information and illegal content). MOM does not make, nor has MOM made, any representations or warranties (express, implied or otherwise) concerning the terms of use or service, privacy policies, agreements, information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from the Linked Technologies; nor shall the fact that the Site or the App links to any Linked Technologies constitute an affiliation with, association with or endorsement of such Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from such Linked Technologies.  If you decide to access any Linked Technologies, then you do so at your own risk.

Copyright.

Take Down. MOM reserves the right, but not the obligation, to take down or otherwise exclude from the Site and the App, without notice or recourse, any communications, names, photographs, information and/or content made or submitted by you or others on or through the Site or the App which MOM believes at any time and in its sole discretion to be infringing or otherwise in violation of the proprietary, privacy or publicity rights of any person or entity; plagiarizing; defamatory; disparaging; embarrassing towards any person or entity; disclosing of confidential, private or personal information about or belonging to any person or entity; profane; indecent; obscene; racist, sexist, or otherwise derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; illegal; false; misleading; deceptive; inciting violence; hate speech; and/or a political attack on a group or individual.

Copyright Infringement. MOM respects the copyrights of others, and prohibits users from uploading, posting, distributing, or otherwise transmitting any materials on or through the Site or the App, or from engaging in any activities on or through the Site or the App, which violate the copyrights of others.  It is the policy of MOM to terminate, and MOM reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of any subscriber and account holder (which may include, without limitation, you) to access, register with, and use the Site and the App who is a repeat copyright infringer.  And if MOM becomes aware that a user who is not a subscriber or account holder (which may also include, without limitation, you) is a repeat copyright infringer, then it is the policy of MOM to take reasonable steps within its power to terminate, and MOM reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of that user to access and use the Site and the App.  Contact the copyright administration at MOM, email: support@mom-ltd.com, in the event that you or another person or entity alleges that the reproduction, public performance, public display, digital transmission, or other use of a work found on the Site or the App infringes your copyright, the copyright of said person or entity, or any other intellectual property right owned by you or said person or entity.

Representations and Warranties.

User Representations, Warranties, and Covenants.  You represent, warrant and covenant to MOM that:

  • you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction;
  • you have read and understand this Agreement in its entirety;
  • you have the full right and authority to enter into and abide by the terms and conditions of this Agreement;
  • you understand and acknowledge that by accepting this Agreement you are giving up certain legal rights and remedies;
  • you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement;
  • you will not violate any applicable international, federal, provincial or local laws which may concern the Site, the App, any servers which may host the Site or the App or any information, communications or content found on or through them;
  • you are the exclusive owner of all rights, titles and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who contributed to, the User Materials to allow for your performance and grant of rights hereunder;
  • the User Materials are wholly original to you;
  • the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity, or privacy rights of any person or entity;
  • the User Materials do not and will not defame, disparage, embarrass or disclose confidential, private or personal information about or belonging to any person or entity;
  • nothing contained in the User Materials is or will be, or contains or will contain, links to material that is, profane, indecent, obscene, threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware or other malicious or tracking technology;
  • MOM is not required to seek the permission of or compensate any third party(s) to exercise any of the rights granted by you under this Agreement;
  • no obligation, disability, agreement or adverse claim exists that may restrict your performance or grant of rights hereunder; and
  • all information you provide to MOM in connection with your access or use of the Site and the App is truthful and accurate;

Disclaimers and Limitations.

General Disclaimer.  Your visit, access, registration with or use of the Site and/or the App in any way is done at your own risk.  The Site, the App, the success or performance of the Site or the App and all information, communications, content, features, products and services offered, sold and/or licensed on or through the Site and/or the App are provided to you on an “as is,” “where is,” “as available,” and “with all faults” basis. MOM does not make, nor has MOM made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written or express or implied) to you with respect to the Site, the App, the success, performance, functionality, reliability or safety of the Site or the App or any such information, communications, content, features, products or services. MOM expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, quality, accuracy, reliability and performance) and warranties arising from conduct, course of dealing, custom and usage in trade with respect to the Site, the App, the success, performance, functionality, reliability or safety of the Site or the App and any such information, communications, content, features, products and services. MOM does not make, nor has MOM made, any affirmation of fact or promise relating to the Site, the App, the success, performance, functionality, reliability or safety of the Site or the App or any such information, communications, content, features, products or services that has become any basis of this bargain.  There are no warranties (express, implied or otherwise) concerning the Site, the App, the success, performance, functionality, reliability or safety of the Site or the App or any such information, communications, content, features, products or services that extend beyond the face of this Agreement.

Disclaimer About MOM Products and Services.  All descriptions, images, references, features, content, specifications, products, and prices of any products or services offered by MOM on or through the Site or the App are subject to change at any time and without notice to you. The inclusion of any products or services through the Site or the App does not imply or warrant that they will be available. MOM reserves the right, with or without prior notice to you, to do any one or more of the following:

  • limit or discontinue any product or service;
  • impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion;
  • bar you from making or completing any transactions through the Site or the App; and
  • refuse to provide you with any product or service.

Disclaimer About System Delays.  You understand and acknowledge that the Site and/or the App may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of MOM’s control.  Accordingly, MOM shall not be responsible for, and expressly disclaims, any delays, failures, losses, injuries, liabilities or damages associated with the Site and/or the App which result from any system delays, downtimes, interruptions or other failures of or problems with the Site and/or the App which are outside of MOM’s control (including, without limitation, scheduled maintenance or network failure).

Disclaimer About Certain Information, Communications and Content.  Any opinions, advice, reviews, statements, offers or other information, communications or content found on, through or in relation to the Site or the App, in any marketing or promotional materials concerning MOM, the Site, the App or any third-party providers (including, without limitation, advertisements, and social media pages) or made or provided during the course of your visit, access, registration with or use of the Site or the App are those of their respective authors, and not necessarily those of MOM, and, thus, should not necessarily be relied upon.  Such authors are solely responsible for the accuracy of such information, communications or content. MOM does not guarantee, adopt or endorse the accuracy, completeness, reliability or usefulness of any such information, communications or content, even if MOM is the author. MOM is not responsible for the accuracy, completeness, reliability or usefulness of any such information, communications or content. Under no circumstances shall MOM be liable to you or any third parties for any loss or damage caused by or arising from or in connection with your reliance on any such information, communications or content. MOM does not provide any services for which a medical license is required.

Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL MOM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE; AND (B) IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISIONS OF THESE TERMS OF USE MOM IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL MOM’S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, EXCEED CAD$100. THE FOREGOING LIABILITY EXCLUSION AND LIMITATION APPLY TO LIABILITY UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY MOM OR ANY PERSON FOR WHOM MOM IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE, OR MOM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS OR DAMAGE BEING INCURRED.

THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

No Injunctive Relief.  If MOM breaches or otherwise violates this Agreement, then you shall not be entitled to seek or obtain, and you do hereby waive, any type of injunctive relief against the Site and/or the App as a result of such breach or other violation.  For the avoidance of doubt, the foregoing limitation on injunctive relief does not limit your ability to seek or recover any monetary remedies authorized by law in the event of any such breach or other violation (except for those which are otherwise expressly precluded by this Agreement).

Limitation of Remedies.  If MOM breaches or otherwise violates this Agreement, then in no event shall you be entitled to recover any special, incidental, consequential, speculative or punitive damages arising out of or in relation to such breach or other violation, even if MOM has been notified of the possibility of such damages.

Consumer Protections.  The disclaimers and limitations set forth in this section “Limitations and Disclaimers” are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.

General Release of Claims.  You hereby release and hold harmless MOM and MOM’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Site, the App, the products or services offered or provided on or through the Site and/or the App and/or the rights and privileges granted or conveyed by you under this Agreement (including, without limitation, those rights and privileges relating to the User Materials and/or any elements, derivatives or marketing of the foregoing).  Further, you waive your right to, and in no event shall you seek to, enjoin MOM, any of MOM’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees or any exercise of the rights or privileges granted or conveyed by you under this Agreement (including, without limitation, the User Materials).

Indemnification.  You hereby agree to indemnify, release and hold harmless MOM and MOM’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorneys’ fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with (a) your acts, errors or omissions, (b) your use of the Site, the App or any products or services offered or provided on or through the Site or the App in any manner contrary to the terms and conditions of this Agreement, (c) your violation of the rights of or other injury to any third party, and/or (d) your breach of all or any part of this Agreement.

Term; Termination; Survival.  This Agreement shall continue and remain in effect until it is terminated in accordance with the terms and conditions of this Agreement. MOM may terminate this Agreement at any time, for any or no reason, and without notice to you (including, without limitation, if MOM believes that you have violated or acted inconsistently with any term or condition of this Agreement).  You may terminate this Agreement at any time by discontinuing your use of the site and the App. If this Agreement is terminated for any reason, then all rights granted to you under this Agreement shall automatically revert back to MOM, and the following shall survive in perpetuity: 

  • all defined terms under this Agreement;
  • all rights and privileges under this Agreement which were granted to and/or accrued in favor of MOM and/or any of MOM’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of this Agreement’s termination;
  • all payments which accrued as of the date of termination;
  • all disclaimers, limitations of liability and limitations of remedies; and
  • all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under this Agreement.

Governing Law.  This Agreement, the additional terms, conditions, and policies referenced herein (including, without limitation, the Site’s and the App’s Privacy Policy), your access or use of the Site and/or the App, your transactions on, through or in relation to the Site and/or the App, your purchase or use of any products or services offered, sold, marketed or provided on, through or in relation to the Site and/or the App, all information disclosed or received on, through or in relation to the Site and/or the App (including, without limitation, personal information, and non-personal information), all content found on, through or in relation to the Site and/or the App, all information, communications and statements made on, through or in relation to the Site and/or the App (including, without limitation, your express consent to MOM sending or otherwise communicating with you via any electronic means or forms, e.g., email, telephone, text message), the Parties’ relationship and/or all disputes, controversies and claims arising from or concerning any or all of the foregoing (whether grounded in contract, tort, statute, law or equity) shall be governed, interpreted, construed and enforced in accordance with the laws of the Province of Ontario and federal law of Canada applicable therein, regardless of its place of execution, its place of performance and any conflicts of law analysis. 

Dispute Resolution.

Binding Arbitration; Waiver.  Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning any or all of the following (whether grounded in contract, tort, statute, law or equity) (collectively, the “Dispute(s)”) to binding arbitration, and such arbitration shall be the sole and exclusive method for resolving the Disputes:  this Agreement; the additional terms, conditions, and policies referenced herein (including, without limitation, the Site’s and the App’s Privacy Policy); your access or use of the Site and/or the App; your transactions on, through or in relation to the Site and/or the App; your purchase or use of any products or services offered, sold, marketed or provided on, through or in relation to the Site and/or the App; all information disclosed or received on, through or in relation to the Site and/or the App (including, without limitation, personal information, and non-personal information); all content found on, through or in relation to the Site and/or the App; all information, communications and statements made on, through or in relation to the Site and/or the App (including, without limitation, your express consent to MOM sending or otherwise communicating with you via any electronic means or forms, e.g., email, telephone, text message); and/or the Parties’ relationship.  The arbitration shall be binding, final and confidential. Each Party acknowledges and agrees that he/she/it is waiving the right to a trial by jury or to participate as the member of a class in any purported class action proceeding.

Litigation; Waiver.  In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Agreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and the Canadian federal courts for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.

Waiver of Jury Trial and Class Action.  Regardless of whether a particular dispute is subject to arbitration or litigation, each Party does hereby waive his/her/its right to a trial by jury, to participate as the member of a class in any purported class action or other proceeding or to name unnamed members in any purported class action or other proceedings.

Several Notes About This Agreement and Apple. 

The following addresses certain matters with respect to Apple Inc. (“Apple”) and/or the so-called “Usage Rules” set forth in Apple’s App Store Terms and Conditions (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) as of the effective date hereof (“Apple’s Usage Rules”):

Acknowledgement.  The Parties hereby acknowledge that:

  • this Agreement is between the Parties only and not with Apple;
  • Apple is not responsible for the App or the content thereof;
  • Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
  • Apple is not responsible for addressing any claims you or any third party have or may have relating to the App or your possession and/or use of the App, including, without limitation,
    • product liability claims,
    • any claim that such App fails to conform to any applicable legal or regulatory requirement,
    • claims arising under consumer production or similar legislation, and
    • intellectual property infringement claims;
  • this Agreement’s usage rules for the App are not intended to be less restrictive than Apple’s Usage Rules;
  • Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement; and
  • Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary hereof.

Amended Scope of Limited License – The App.  If you download, access or use the App from or through Apple’s App Store, then the limited license(s) granted to you hereunder with respect to the App (see section “Rights, Permissions, and Consents” above) is/are hereby amended to add the following restriction:  you may not use the App on any device other than the Apple-brand device (e.g., iPhone, iPod Touch, iPad) that you own or control or in any manner that is contrary to Apple’s Usage Rules.

Miscellaneous.

Notice.  Unless otherwise expressly stated in this Agreement, MOM may give or deliver all other notices to you by means of a general notice posted on this or a similar page of the Site or the App, as applicable, by email to the email address associated with your User Account or by posting to your User Account, and shall be deemed effective as of their stated effective dates.

Relationship.  In no event shall this Agreement, the performance of a Party’s rights or obligations under this Agreement, the Site, the App or a Party’s visit to, access of, registration with or use of the Site and/or the App create any type of fiduciary, franchise, agency, employment, independent contractor, partnership or joint venture relationship between you or MOM.

Excused Performance. MOM is hereby excused for any failure to perform under this Agreement to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.

Assignment and Delegation.  You shall not assign, delegate, or otherwise transfer any of your rights or obligations under this Agreement without MOM’s prior written consent in each instance.

Construction and Interpretation.  This Agreement shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.

Headings.  Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit or describe the scope, intent, terms or conditions of this Agreement.

Severability.  If any term or condition of this Agreement is deemed invalid or unenforceable by a court of law or arbitrator (as applicable) with binding authority, then the remaining terms and conditions shall not be affected, and said court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.

Entire Agreement.  This Agreement, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the Site’s and the App’s Privacy Policy), constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.

Contact Us.  Please direct any questions you may have about the Site, the App or this Agreement to any one of the following by email at the following email address: support@mom-ltd.com. The foregoing contact information may change from time-to-time by supplementation, amendment or modification of this Agreement.

Last Modified.  This Agreement was last modified on 2022-03-09.