Terms of Use

ATTENTION: Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, do not use this website.

Mom’s Hierarchy of Needs (“MHON”) takes the privacy of its customers very seriously and wants you to feel comfortable whenever you visit our website, access our online programs, or participate in our online offerings. For more information please visit the Mom’s Hierarchy of Needs Privacy Policy.

This document is an agreement between you and MHON that describes the terms of use (“TOU”) subject to which you may access and use the content offered on the website operated by MHON (the “Site”).  YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR OTHERWISE USING THE MATERIALS CONTAINED ON THE SITE, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY.

Please note that MHON reserves the right to revise these TOU at any time by posting an update to this page. Your continued use of the Site following the posting of changes to these TOU will mean you accept those changes.  MHON reserves the right, in its sole discretion, to determine if you have violated these TOU, and to take any action it deems appropriate.  You acknowledge that MHON shall have the right to terminate your access to the Site for violations of any of these rules, including infringement of copyright.

Personal, Non-Commercial Use: The Site is made available for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information or products obtained from the Site.

Any material, information or other communication you transmit or post to the Site will be considered non-confidential and non-proprietary communications. MHON will have no obligations with respect to the communications. MHON and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Intellectual Property Rights:  MHON names and logos, including but not limited to MOM’S HIERARCHY OF NEEDS, are the trademarks of MHON or its licensors.  Except for materials such as comments, financial and other business information, the Site and its entire contents, features and functionality (including but not limited to all information, sounds, photographs, graphics, audio and video, programs, written materials, text, images, displays, graphics, images in software and related materials, and the design selection and arrangement thereof) accessible through a web portal are the valuable intellectual property of MHON, its licensors, affiliated companies, or other third parties.  The content is protected by United States and foreign intellectual property laws.

Third-Party Content and Links: MHON Site may display content provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase their products or services. As consideration for your convenience in making this third-party content available or accessible to you, you acknowledge that MHON is not responsible for the third-party content. You also agree that MHON IS NOT responsible or liable for any losses or damages you experience with any third-party content you choose to rely upon or advertisements you respond to and that you must contact any such third party directly for any remedies that may be available to you.

Compliance with Laws:  By accessing or using the Site, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the operation and use of the Site and any services offered therein. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained in the Site to countries or persons prohibited under the export control laws of the United States. MHON makes no representation that the content on the Site is appropriate or available for use outside the United States. If you have chosen to access the Site from outside the United States of America, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.

Legal Disclaimers:  The Site and the information provided therein is provided solely for the convenience of users of the Site. The information provided on the Site and the products described on the Site are subject to change without notice. MHON DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE MHON SITE. THE MHON SITE IS PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MHON DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MHON SITE, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. MHON DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, MHON IS NOT RESPONSIBLE FOR THOSE COSTS.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.

LIMITATION OF LIABILITY:  UNDER NO CIRCUMSTANCES IS MHON, ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AVAILABLE ON THE MHON SITE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ANY OTHER LEGAL THEORY EVEN IF MHON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the Site.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Governing Law and Dispute Resolution: The parties consent to the application of the laws of the Commonwealth of Massachusetts to govern, interpret, and enforce all of the rights, duties, and obligations of the parties arising from, or relating to these TOU, without regard to conflict of laws principles.  In the event of any dispute, the parties will attempt to resolve the dispute through good faith negotiations.  The parties irrevocably consent to the jurisdiction of the state courts located in Norfolk County, Massachusetts or the United States District Court for the District of Massachusetts located in Boston, Massachusetts, in the event of any dispute than cannot be resolved amicably.

If for any reason, a court of competent jurisdiction finds any provision or portion of these TOU to be unenforceable, the remainder of the TOU will continue in full force and effect.

Force Majeure: Under no circumstances shall MHON, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.

Entire Agreement: These TOU constitute the entire agreement between You and MHON with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

These Terms of Use were last amended on October 14, 2020.

 

 

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