Last Updated: September 6, 2019
Please read these Terms and Conditions of Service (“Terms”) carefully before purchasing any services or products through www.themommatribe.com and before using The Momma Tribe Website, operated by Meggie Martin Momma Tribe, LLC. (“The Momma Tribe”, “us”, “we”, or “our”).
The Momma Tribe reserves the right, in its sole discretion, to terminate your access to the Website and any of the related services at any time, without notice.
IF YOU DISAGREE WITH THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
UPDATED TERMS. These Terms may be updated from time to time, at The Momma Tribe’s sole discretion. It is your responsibility, as the viewer or customer, to check these Terms regularly to see if any terms have changed, and to alert The Momma Tribe if you do not agree with the changes that have been made.
INTELLECTUAL PROPERTY. This Website, its contents, services, and products offered, and all content distributed by it, are owned by or licensed to The Momma Tribe. Users have no legal rights to our Website content. You should assume that material contained on our Website, any services we offer and any tools, websites, applications or other electronic destinations accessible through this Website, are proprietary and either trademarked or copyrighted.
PHOTO RELEASE. If you submit images to The Momma Tribe, you agree that The Momma Tribe may use such images for The Momma Tribe’s portfolio, advertising, Website, blog and magazine or newsletters and any other means of promotion of The Momma Tribe. You waive any right to payment, royalties or any other consideration for the use of the images. You waive the right to inspect or approve how The Momma Tribe will use the images, including in written or electronic copy, wherein your likeness appears. You agree to hold The Momma Tribe harmless and release and forever discharge it from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have, by reason of this authorization. You also agree that your representations in this Photo Release section apply to any other persons who are in images that you submit to The Momma Tribe and that you will indemnify The Momma Tribe for any claims by other persons who appear in images that you submit and you will pay The Momma Tribe for any attorneys’ fees, costs, settlements and judgments relating to such claims.
DISCLAIMER. THIS WEBSITE AND THE SERVICES AND DISCUSSIONS OFFERED THROUGH THIS WEBSITE, DO NOT PROVIDE PROFESSIONAL COUNSELLING AND PSYCHOLOGICAL OR MEDICAL ADVICE. Any information on this Website or provided as part of any services booked through this Website or discussions had as part of any services provided through this Website, are provided for educational purposes only and are not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use information on this Website or provided through services purchased, for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment related to your health. If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Information provided on this Website or through any services that we offer and the use of any products provided or referenced by us DO NOT create a dietitian, physician or other patient relationship between you and us or anyone that is referenced on our Website. Information and statements regarding any dietary supplements or other consumable products available on this Website or as part of any discussions or services provided through this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
We do not guarantee that you will like our advice or suggestions. Your use of anything that you read on, or purchase through, our Website is completely up to you and you should consult with whoever you wish concerning such subjects. We do not endorse recommendations offered by visitors to our Website. You should evaluate any such recommendations and seek any advice that you wish.
ELECTRONIC COMMUNICATIONS. Visiting www.themommatribe.com or sending emails to The Momma Tribe constitute electronic communications. You consent to receive electronic communications from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
LIMITATION OF LIABILITY. You agree that, to the fullest extent permitted by law, absent The Momma Tribe’s intentional or willful misconduct, The Momma Tribe’s maximum total liability for any claims, breaches or damages by reason of any act or omission, including breach of contract and negligence, shall be limited to the amounts paid by you to The Momma Tribe relating to the services or products giving rise to the claim or $250 if you did not pay for any services or products giving rise to the claim. You agree that, to the fullest extent permitted by law, absent The Momma Tribe’s intentional or willful misconduct, The Momma Tribe shall not be liable for any claims for punitive damages, consequential damages, indirect damages, personal injury or sickness, emotional distress, mental anguish, lost profit, loss of enjoyment, lost revenues and/or replacement costs. The Momma Tribe is not responsible for any defective products or imperfect resources purchased by you or on your behalf through The Momma Tribe or that The Momma Tribe provides, and you waive any right to pursue any claim, demand or cause of action against The Momma Tribe for such injury or damage. The Momma Tribe is not responsible for the performance or non-performance of any third party that is referred to on the Website or that can be accessed through the Website, and you expressly agree to waive any claims, demands or causes of action against The Momma Tribe with respect to goods or services of any such third party. This limitation of liability applies to you and anyone claiming based on your injuries or damages, including subrogation claims. You acknowledge and agree that these limitations reflect a fair allocation of risk and that The Momma Tribe would not provide its services and products without these limitations on its liability. Any claim against The Momma Tribe must be commenced within one year of the facts giving rise to the claim.
You are agreeing that Minnesota law governs our relationship. However, if a court should determine that another State’s law governs, that law may or may not allow all of the limitations of liability set forth above.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless The Momma Tribe and its employees, agents, independent contractors, officers, directors, members and/or managers for any injury, property damage, liability, claim or other cause of action arising out of or related to the performance or non-performance of third parties and arising out of or related to any of your acts.
DISPUTE RESOLUTION. For any dispute between you and The Momma Tribe, you agree to mediation to be held in Hennepin County, Minnesota, before a mutually acceptable mediator. The Momma Tribe and you shall share equally in the cost of the mediation.
MINNESOTA LAW AND COURTS. To the maximum extent permitted by law, your use of the Website and your interaction with us are governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes with us.
By ordering services or products through this Website, you are accepting and acknowledging these terms upon purchase.