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Terms of Use


These Terms and Conditions of Use were last revised on July 13, 2011

By accessing www.singlemommyhood.com (the “Site”) or using any of the services offered by the Site (“Services”), you personally and, if applicable, on behalf of the entity for whom you are using this Site (collectively, “you”, “your”, “yours”) are agreeing to be bound by these Terms and Conditions of Use (“TOU”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site.  This TOU is a legally binding agreement made by and between Singlemommyhood, LLC (“Singlemommyhood”, “we”, “us” and “our”) and you.  The materials contained in this Site are protected by applicable copyright and trade mark law.

The content on our Site is valuable, and our allowing your access to our Site supports your agreement to this TOU.  This TOU will also apply to all visitors, users, and others who access the Site and use the Services, whether or not they send any content to us (“Users”).

BY ACCESSING OR USING ANY PART OF THE SITE (INCLUDING LINKING TO THE SITE; SUBMITTING QUESTIONS, STORIES, FEEDBACK OR POSTS; OR ACCESSING ANY OTHER CONTENT ON THE SITE), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOU.  IF THERE ARE ADDITIONAL POSTED GUIDELINES OR POLICIES APPLICABLE TO THE SERVICES OR SITE (INCLUDING THE PRIVACY POLICY), YOU ARE REQUIRED TO FOLLOW THOSE AS WELL.  THOSE POLICIES AND GUIDELINES ARE INCORPORATED BY REFERENCE INTO THIS TOU.  IF YOU DO NOT AGREE TO BE BOUND BY THE TOU AND TO FOLLOW ALL APPLICABLE LAWS, GUIDELINES AND POLICIES, DO NOT ACCESS OR USE THE SITE AND LEAVE THE SITE IMMEDIATELY.

INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY.  ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOU AT ANY TIME.  YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOU THAT MAY BE POSTED ON THE SITE.  WE WILL POST THE AMENDED TOU ON THIS PAGE AND INDICATE AT THE TOP OF THE PAGE THE DATE THE AGREEMENT WAS LAST REVISED.

1.     General Limits

Health Information.  The Site may contain content regarding mental health-related topics.  You understand and agree that this content is not meant to be a substitute for the advice of a licensed and qualified healthcare professional.

You must be an adult or have an adult’s permission.  The Services and the Site may only be used by individuals who are at least 18 year of age or older.  This Site may contain sensitive content and frank discussions about sex and relationships.  You must be an adult, or have the express permission of an adult, to use the Site.  Your access to the Site, sending us feedback, submitting comments or other posts, entering a contest or other use of the Services will be deemed to be a representation that you are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law.  Under no circumstances may you use the Services, access the Site or provide any personal information about yourself to us if you are under the age of 13 years old without your parent’s or legal guardian’s supervision and consent. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.

You must follow all laws.  You must comply with all of the terms and conditions of this TOU, any policies referred to below or on the Site, and all applicable laws, regulations and rules when you use the Site.

  1. Use and Communication

Subject to the terms of this TOU, you are hereby granted a limited, revocable, non-exclusive right to use the Services and materials on the Site as required in the normal course of your personal use of the Site.  This is the grant of a license, not a transfer of title, and under this license you may not (without our express, prior written permission):

    1. modify or download (other than page caching) the Site, or any portion of it;
    2. use the Site or content on the Site for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on the Site;
    4. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) which appears on the Site;
    5. use any meta tags or any other “hidden text” utilizing our name or trademarks;
    6. remove any copyright or other proprietary notations from the Site or content on the Site; or
    7. transfer the Site or content on the Site to another person or “mirror” the materials on any other server.

This license shall automatically terminate, without notice or liability to you or any third party, if you violate this TOU (including these restrictions and our Privacy Policy) and may otherwise be terminated, without notice or liability to you or any third party, by Singlemommyhood at any time.  Upon terminating your viewing of the Site’s materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Respect the rights of others.  Except in your ordinary use of the Site and as described below, Singlemommyhood has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content belonging to any third party, including content from any other web site that you access from this Site.   If we allow you to post anything on the Site or if you send anything to us, you may not use, post or send any third party intellectual property without the express written permission of the applicable third party, except as permitted by law.

We (and our licensors) hold the rights to the Site and its contents.  Singlemommyhood and its licensors will retain ownership of our intellectual property rights, including, without limitation, rights to the Site’s content trademarks and other logos, text, graphics, icons, images, audio clips, video clips, digital downloads and the “look and feel” of the Site and all services offered by Singlemommyhood.  You may not obtain any rights therein by virtue of this TOU, creating content to send to us or otherwise, except as expressly set forth in this TOU.  You may not use any of our trademarks or service marks in any way.  For example, you may not use any such marks as links to this Site from other web sites, or as machine-readable search terms, unless you have our express permission by separate agreement.  Notwithstanding, you may “share” links to the Site by using the third party sharing widgets we may provide on the Site.

Consent to Communications from Singlemommyhood.  Areas of the Site may request that you provide Singlemommyhood with your email address.  By providing Singlemommyhood with your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.  You may opt-out of such Service-related emails by choosing the option stating you do not wish to receive such emails.  We may also use your email address to send you other messages, including changes to features of the Services or news related to Singlemommyhood.  If you do not want to receive such email messages, you may opt out.  Opting out may prevent you from receiving email messages regarding updates or improvements.  Under no circumstances should you respond to a request for any passwords or other personally identifiable information, particularly a request from an individual claiming to be an employee of Singlemommyhood.  Singlemommyhood’s employees will never ask for passwords or other personally identifiable information.  You must notify Singlemommyhood immediately if you receive such a request.

Privacy Policy.  You agree to the terms of Singlemommyhood’s Privacy Policy, which is incorporated by reference into this TOU.  

Security.  We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure.  However, we cannot guarantee that unauthorized third parties will be unable to defeat those measures and/or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  1. Rights

Your Content.  By emailing or otherwise transmitting any content to Singlemommyhood (via email, in comment posts or otherwise), you accept that you will, and you hereby, automatically grant Singlemommyhood, or represent and warrant that the owner or authorized licensor of such content has expressly granted Singlemommyhood, the non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute such content, in whole or in part, worldwide and/or to incorporate such content into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content, including, without limitation, any marketing materials related to the Site or Singlemommyhood in general.   Subject to this grant, the licensor of any content you submit to Singlemommyhood retains any and all rights which may exist in such content.  You understand that submitting your content is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.  You hereby irrevocably waive any claims based on moral rights or similar theories, if any.  You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this TOU.

Copyright.  All materials on the Site and available through the Services, including, without limitation, the logos, design, text, graphics, audio clips, video clips, other files, and the selection, arrangement and organization thereof are owned by Singlemommyhood, its licensors or other entities.  Unauthorized use of such materials is strictly prohibited.  Copyright © 2011 Singlemommyhood, LLC and its licensors.  ALL RIGHTS RESERVED.

Trademarks.  Product names, logos, designs, titles, and words or phrases used on any Singlemommyhood web site, including, without limitation, Singlemommyhood™, are owned by Singlemommyhood, its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of Singlemommyhood.  If you use such trademarks or logos, you must include appropriate attribution. All other trademarks, trade names and the like that appear on the Site or the Services are the property of their respective owners.  You may not use any of these trademarks, trade dress, or trade names, or any confusingly similar marks, dress or names, including, without limitation, as a part of any link, without express permission.

Your Ideas.  You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Services, including, without limitation, about how to improve the Services (“Ideas”).  By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Singlemommyhood under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation or credit to you. You acknowledge that, by acceptance of your submission, Singlemommyhood does not waive any rights to use similar or related ideas previously known to Singlemommyhood, or developed by its employees, or obtained from sources other than you.  Such disclosure, submission or offer of any Ideas shall, and hereby does, constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory.  You should not submit any Ideas to us if you do not wish to license such rights to us.  We are and will be under no obligation: (i) to maintain any Ideas in confidence; (ii) to pay to you or any third party any compensation for any Ideas; or (iii) to respond to any Ideas.  You are and shall remain solely responsible for the content of any Ideas you make.

  1. Disclaimers and Limitations

DISCLAIMER OF WARRANTIES.  SINGLEMOMMYHOOD PROVIDES THE SITE, CONTENT, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.  SINGLEMOMMYHOOD DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES OR THEIR USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS OR OTHERWISE CURRENT OR COMPLETE, (III) WILL MEET YOUR REQUIREMENTS OR LEAD TO DESIRED RESULTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE; NOR DOES SINGLEMOMMYHOOD REPRESENT OR WARRANT THAT ANY DEFECTS OR ERRORS TO THE SITE OR SERVICES WILL BE CORRECTED OR THAT THIS SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  SINGLEMOMMYHOOD MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOU, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.  ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.  SINGLEMOMMYHOOD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SINGLEMOMMYHOOD WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

EXCLUSION OF DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SINGLEMOMMYHOOD, ITS AFFILIATES, DIRECTORS, ASSOCIATES, PARTNERS, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED, TO DAMAGES ARISING FROM BREACH OF CONTRACT, WARRANTY, TORT OR STRICT LIABILITY FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF SINGLEMOMMYHOOD OR SUCH OTHER PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY.  IN NO EVENT WILL THE LIABILITY OF SINGLEMOMMYHOOD  IN CONNECTION WITH THIS TOU, THE SITE OR SERVICES EXCEED $25.

ADDITIONAL RIGHTS.  YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.  BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER DEPENDING ON HER, HIS, OR ITS STATE OF RESIDENCE.

  1. Dispute Resolution

Your use of the website is governed in all respects by the laws of the state of New York, USA, without regard to choice of law provisions.

By agreeing to this TOU, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device.  Any claims arising out of, relating to, or connected with this TOU must be asserted individually.  If there is any dispute between us, it is agreed that either of us may elect to have it resolved by proceeding in small claims court or by binding arbitration administered by the National Arbitration Forum, the American Arbitration Association, or JAMS under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties and shall be arbitrated in New York County, New York. The arbitrator shall not have authority to conduct any proceedings on a class, private attorney general, or other representative basis; nor to entertain any claim of, nor provide any relief to any person who is not a named party; nor to join or consolidate claims by or for individuals with different accounts.  You acknowledge that this means that you may not have access to a court or jury.  However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.

Limitation on Actions.  You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site or Services must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

  1. Revisions and Errata

The materials appearing on Singlemommyhood’s Site could include technical, typographical, or photographic errors. Singlemommyhood may make changes to the materials contained on its Site at any time without notice. Singlemommyhood does not, however, make any commitment to update the materials.  Singlemommyhood may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Site or the Services, temporarily or permanently, at any time without notice to you, and Singlemommyhood will not be liable for doing so.

  1. Links

The Site may contain links to third-party websites, advertisers, or services that are not owned or controlled by Singlemommyhood.  Singlemommyhood has not reviewed or authenticated, in whole or in part, the sites linked to the Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Singlemommyhood of such site. Use of any such linked web site is at the user’s own risk, and you understand that this TOU and Singlemommyhood’s Privacy Policy do not apply to your use of such sites. You understand that Singlemommyhood does not provide, sell, license, or lease any products or services other than products and Services specifically identified as being provided by Singlemommyhood.  You expressly release Singlemommyhood from any and all liability arising from your use of any third-party website or services or third-party owned content.  Additionally, your dealings with or participation in promotions of advertisers found on such third-party sites or the Site (if applicable), including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers.  You agree that Singlemommyhood shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.  We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

  1. Code of Conduct

While visiting Singlemommyhood, you agree not to:

  • Use the Site or content for any unlawful or improper purpose;
  • Use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property, privacy or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
  • Use any Singlemommyhood trademark or any Singlemommyhood logos, page headers, button icons, scripts, or services names;
  • Remove any copyright, trademark or other proprietary rights notices contained in the Site or materials;
  • “Frame” or “mirror” any part of Singlemommyhood without our prior written authorization;
  • Collect or store personal data about other users;
  • Harass other users;
  • Restrict or inhibit any other visitor or member from using Singlemommyhood, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; or
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.  While using Singlemommyhood, you agree to comply with all applicable laws, rules and regulations.

Singlemommyhood may review content submitted to the Site from time-to-time, but Singlemommyhood has no obligation to monitor content and undertakes no duty in this regard.  However, Singlemommyhood reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.  Any loss or damage of any kind that occurs as a result of the use of any content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services is solely your responsibility.

We may allow you to delete certain content which appears on the Site itself (such as article comment posts).  However, deleted content may persist in backup copies for a reasonable period of time.  If another User obtained access to your content and copied or shared such content, your deletion of content will not delete copies of content shared by others.

  1. Representations and Indemnity

You represent and warrant to Singlemommyhood that: (i) you have the full power and authority to enter into and perform your obligations under this TOU; (ii) your assent to and performance of your obligations under this TOU does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) this TOU constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in your use of the Site or the Services; and (v) you will comply with all applicable laws, rules and regulations in your use of the Services and the Site, including this TOU.

You agree to defend, indemnify, and hold Singlemommyhood and its employees, representatives, agents, attorneys, affiliates, directors, officers, and members (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including, without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties:  (i) alleging facts or circumstances that would constitute a breach of any provision of this TOU by you, including violations of law or allegations of violation of privacy, publicity intellectual property rights related to content you submit, (ii) arising from, related to, or connected with your use of the Site or the Services, or (iii) arising from, related to or connected with any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future).  If you are obligated to provide indemnification pursuant to this provision, Singlemommyhood may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense.  Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of Singlemommyhood.

  1. Miscellaneous

The Site and Services are controlled and operated from facilities in the United States.  Singlemommyhood makes no representations that the Site and Services are appropriate or available for use in other locations.  Those who access or use the Site and Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including, but not limited to, export and import regulations.  Software made available on this Site may be subject to United States export control laws, which state that certain software cannot be downloaded from this Site to certain countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  By downloading or using any software made available on this Site, you represent and warrant that you are not located in, under the control of, or a national, or resident of any such country or on any such list.  This TOU contains the entire understanding between you and Singlemommyhood regarding the use of the Site, and supersedes all prior and contemporaneous agreements and understandings between you and Singlemommyhood regarding its subject matter.  This TOU will be binding upon each party hereto and its successors and permitted assigns.  This TOU and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferable by you without the prior written consent of Singlemommyhood.   No failure or delay by a party in exercising any right, power or privilege under this TOU will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOU.  You and Singlemommyhood are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOU.  The invalidity or unenforceability of any provision of this TOU will not affect the validity or enforceability of any other provision of this TOU, all of which will remain in full force and effect.