This Member Agreement (the “Agreement”) is effective immediately at the time your Circle registration. The Agreement is by and between MotherNation, Inc. (“MotherNation”) and you (“you” or “Member”). By registering for Circle membership, you agree to be bound by this Agreement. If you do not agree to all of the terms of this Agreement, you are prohibited from participating in a Circle or accessing or using the MotherNation Platform (defined below).
1. What MotherNation Offers
MotherNation is a social support community for people who identify as Mothers. MotherNation provides a variety of services, including: curated compilation of small groups of Mothers into “MotherNation Circles”, delivery of guides intended to facilitate discussion among Circles during their virtual gatherings, access to a private online forum with subgroups based on geography, age of children or certain shared experiences, event invitations, merchandise, access to a community directory, invitations to participate in advocacy efforts, exclusive content and discounts on products and services (collectively, the “MotherNation Platform”). You agree that access to certain aspects of the MotherNation Platform may be subject to additional terms and conditions.
2. What We Do Not Offer
To be sure, MotherNation does not: provide any hosting services to MotherNation Circles, perform any background checks on any MotherNation Circle members (including hosts) or conduct any inspections of any homes where MotherNation Circles may be hosted.
Participation in a MotherNation Circle is NOT intended to recommend the self management of health problems or wellness. Should you have any health care related questions, promptly call or consult your physician or healthcare provider. Information provided by MotherNation and/or participation in a Circle should not be used by you to disregard medical and/or health related advice or provide a basis to delay consultation with a physician or a qualified healthcare provider.
3. Declaration of Interdependence and Confidentiality
The training, structures and content of the MotherNation Circles are intentionally designed to facilitate meaningful connection among participating Mothers. The magic of our community happens when we honor the Declaration of Interdependence and commit to ourselves and each other. Therefore, you agree to attend and actively participate in the monthly Circle sessions and honor the Declaration of Interdependence. Because we encourage Circle participants to *get real* with each other, private information may be disclosed to you through our online forum or during an in-person Circle session. You must maintain absolute confidentiality. If you disclose any personal information outside the Circle, we may immediately revoke your membership.
If you feel that any member of our community that you interact with through either the online forum or in-person at a Circle session or other event violated or is violating our Declaration of Interdependence or breaching confidentiality, you must notify MotherNation immediately by emailing email@example.com. Although we reserve the right to revoke access to the MotherNation Platform to such person, your notice will not obligate us to take any action beyond that required by law or otherwise cause us to incur any liability to you, any other member, or any third-party. If any member of our community violated or is violating applicable law, you are required to immediately report such behavior to appropriate law enforcement authorities.
YOUR USE OF THE MOTHERNATION PLATFORM IS VOLUNTARY AND AT YOUR OWN RISK. ALL CONTENT AND THE MOTHERNATION PLATFORM ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SUBJECT TO THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOTHERNATION AND ANY OF OUR INDEPENDENT CONTRACTORS, SUPPLIERS AND CONSULTANTS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “MOTHERNATION PARTIES”) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ( OR ANY DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS, THE MOTHERNATION PLATFORM, OR ANY RELATED PRODUCTS OR SERVICES, EVEN IF ANY OF THE MOTHERNATION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL, AGGREGATE LIABILITY OF THE MOTHERNATION PARTIES ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED YOUR REASONABLE AND FORESEEABLE DAMAGES, NOT TO EXCEED THE AMOUNT (IF ANY) YOU PAID TO ACCESS OR USE THE MOTHERNATION PLATFORM.
5. Dispute Resolution
You and MotherNation agree to arbitrate any dispute, claim, or controversy arising from or related to this Agreement or use of the MotherNation Platform. You and MotherNation agree that you will notify the other party of any dispute within 30 days of when such dispute arises and will negotiate in good faith to attempt to resolve the dispute before a demand for arbitration. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules then in effect.
The state and federal courts located in the State of Maryland will have exclusive jurisdiction over any suit in connection with the MotherNation Platform or this Agreement that is not subject to arbitration, and you hereby irrevocably and unconditionally grant permission and submit to the exclusive jurisdiction of such courts. This Agreement and your use of the MotherNation Platform will be governed by and construed in accordance with the laws of the State of Maryland, without resort to its conflict of law provisions.