This Terms and Conditions Agreement (the “Agreement”) is a legally binding agreement between you (the “User” or “you”) and Grace 4 Moms (“Grace 4 Moms,” “we” or “us”), the owner and operator of the website located at https://grace4moms.com. By accessing or using this website, you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms and conditions, please do not use this website.

Content and Intellectual Property

The content on the Grace 4 Moms website, including but not limited to text, graphics, logos, images, audio and video materials, and software (collectively, the “Content”), is protected by copyright, trademark and other laws of the United States and other countries. Grace 4 Moms owns the intellectual property rights to the Content, or has obtained the necessary licenses or permission to use the Content on the website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use the Content without the express written permission of Grace 4 Moms.

The website may contain links to third-party websites and services (“Third-Party Sites”). These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. Grace 4 Moms has no control over such Third-Party Sites and is not responsible for the availability of such sites or their contents. Grace 4 Moms does not endorse, guarantee, or make any representations or warranties regarding any Third-Party Sites, or any information, software, products or services obtained from such sites, and you hereby irrevocably waive any claim against us with respect to such Third-Party Sites. You are solely responsible for reading and complying with the legal policies

User-Generated Content

Grace 4 Moms may provide you with the opportunity to submit, upload, publish or otherwise make available content, including but not limited to text, photographs, videos and audio (collectively, “User-Generated Content”). You retain all rights in and to your User-Generated Content and you are responsible for the legality, reliability, and appropriateness of your User-Generated Content. By making any User-Generated Content available through the website, you grant to Grace 4 Moms a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit your User-Generated Content in connection with the website and Grace 4 Moms’ business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels. You represent and warrant that: (i) you either are the sole and exclusive owner of all User-Generated Content or you have all rights, licenses, consents, releases, and permissions necessary to grant the rights granted in this Agreement; and (ii) neither the User-Generated Content, your submission of the User-Generated Content, nor Grace 4 Moms’ use of the User-Generated Content as permitted herein will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Disclaimer of Warranties

Grace 4 Moms makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on this site. You expressly agree that your use of this website is at your sole risk. To the full extent permissible by law, Grace 4 Moms disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Grace 4 Moms does not warrant that the website, its servers, or e-mail sent from Grace 4 Moms are free of viruses or other harmful components. Grace 4 Moms will not be liable for any damages of any kind arising from the use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

Limitation of Liability

In no event shall Grace 4 Moms be liable for any damages whatsoever, including but not limited to direct, indirect, special, incidental, or consequential damages, arising out of the use of or inability to use the website or the Content, or for any other claim related in any way to your use of the website or the Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available through the website, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Grace 4 Moms’ liability shall be limited to the maximum extent permitted by law.

Prohibited Use

You may not use the Grace 4 Moms website or any Content or User-Generated Content for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the website in any manner that could damage, disable, overburden, or impair the website, or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.

You may not engage in any of the following activities on the website:

  1. Posting or transmitting any content that is defamatory, obscene, pornographic, vulgar, or offensive, or that may constitute hate speech or incite violence or hatred against any individual or group;
  2. Posting or transmitting any content that violates or infringes upon the rights of others, including without limitation any patent, trademark, trade secret, copyright, privacy, or publicity rights;
  3. Posting or transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  4. Posting or transmitting any content that contains software viruses, worms, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware;
  5. Engaging in any activity that is illegal or that could expose Grace 4 Moms or any third party to legal liability, including without limitation the unauthorized sharing of copyrighted or proprietary information, or the exploitation of minors;
  6. Engaging in any activity that is false or misleading, including impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

Grace 4 Moms reserves the right, in its sole discretion, to immediately terminate your access to the website for any violation of these prohibited uses. Additionally, Grace 4 Moms reserves the right to pursue any and all legal remedies against you for any such violation.

Indemnification

You agree to indemnify, defend and hold harmless Grace 4 Moms, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, agents, successors, assigns, content providers, and other contractors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of your violation of this Agreement or your use of the website.

Modification of Agreement

Grace 4 Moms reserves the right to modify this Agreement at any time and without prior notice. Your continued use of the website after any such changes constitutes your acceptance of the new terms and conditions. You should review this Agreement periodically to be aware of any changes.

Applicable Law

This Agreement and your use of the website shall be governed under Florida law and the laws of the United States of America. Any dispute arising from this Agreement or your use of the website shall be resolved exclusively in the state or federal courts located in Melbourne, Florida.

Entire Agreement

This Agreement constitutes the entire agreement between you and Grace 4 Moms with respect to the use of the website and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Grace 4 Moms with respect to the use of the website.

Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforceable to the fullest extent possible.

No Waiver

Grace 4 Moms’ failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Contact Information

If you have any questions or comments about this Agreement or the website, please contact us at rachel@grace4moms.com.