This Member Agreement (the “Agreement”) is effective immediately at the time your Circle membership purchase. The Agreement is by and between MotherNation, LLC (“MotherNation”) and you (“you” or “Member”). By purchasing your 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 and advocacy 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 gatherings (which may occur in the home of one or more of the Circle participants), 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.
All Circle sessions are entirely self-facilitated by the participating Mothers and no clinician, leader or facilitator will be present. As such, 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 firstname.lastname@example.org. 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.
4. Interactions with Hosts and Other Members
You understand that a Circle host is allowing you to enter their home for a limited time for the purpose of conducting a Circle session. You agree to be courteous to the host at all times and respect any boundaries that they may draw in their home. You will promptly vacate their home once the Circle session has ended or upon the earlier request of the host. You are solely responsible for leaving the host’s home, all property therein, and all materials and property made available by the host, in the same condition that it was when you arrived for the Circle session. You are responsible for all of your acts or omissions during a Circle session, and you shall pay the host for any necessary repair or replacement to fix any damage caused by your acts or omissions.
MotherNation is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches, or negligence of any host, member or third-party vendor providing any ancillary services, for any personal injuries, death, property damage, loss, theft, or other damages or expenses resulting therefrom. Because MotherNation is solely a compilation and communication platform, in the event that you have a dispute with any other members of the community or third-party vendors providing any ancillary services, you release MotherNation and our independent contractors, suppliers, and consultants, and our and their respective directors, officers, employees, and agents from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
5. Circle Dues
All dues are non-refundable.
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.
You will defend, indemnify, and hold harmless the MotherNation Parties from and against any third-party claims, damages of any kind, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to any of the following: (i) your improper use of the MotherNation Platform, (ii) any content provided by you and posted on the MotherNation Platform, (iii) your violation of this Agreement, (iv) your interactions, whether online or offline, with any members of the MotherNation community, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, or (v) your breach of any laws, regulations or third-party rights.
7. 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.