MomMD, LLC

Terms and Conditions of Usage

Please read the Following Terms and Conditions of Use and Disclaimers Carefully Before Using this Web Site.

1. Purpose of the Terms and Conditions of Usage. MomMD, LLC (“MomMD” or “we”) is the owner of MomMD.com (“website” or “Site”), an information and communication service. By accessing or using the Site, users agree to be bound by this Terms and Conditions of Usage (“TCU”) and the MomMD Privacy Policy, which is incorporated by reference into this TCU. Users that do not wish to be bound by this TCU may not access or use this Site. Therefore, if you as the user do not agree to any of the TCU, then please do not use this Site.

2. Reserved Rights. We reserve the right to revise this TCU at any time and at MomMD’s discretion. Changes to this TCU will become effective upon posting it to the Site. Users are responsible for checking this TCU periodically to monitor any changes to our Terms and Conditions of Usage practices. Continued access or use of this Site shall be deemed as conclusive as acceptance of the TCU as modified.

3. This Site Does Not Provide Medical Advice. MomMD Content items (as defined below), are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the MomMD Site! If you think you may have a medical emergency, call your doctor or 911 immediately. MomMD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site or its Content. Reliance on any information provided by MomMD, by MomMD employees, moderators, bloggers, or others appearing on the Site at the invitation of MomMD, or other visitors to the Site is solely at your own risk. The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

4. Children’s Privacy. We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. Children are not eligible to use this Site, and we ask that minors (under the age of 18) do not submit any personal information on this Site. Please see our Privacy Statement for more details.

5. Use of Content. This Site and of all of MomMD’s Content, including but not limited to, articles, text, graphics, images, information, data, statistics, databases, images, trademarks, layout, designs, graphics, illustrations, logos, process or processes, photographs, product names, affiliations, forms, brands (collectively, the “Content”) are protected by copyright, trademark and other laws of the United States, as well as, the international conventions, treaties and the laws of other countries. The Content is owned by MomMD, its affiliates and assigns, or the party credited as the provider or the owner of the Content. The compilation, i.e., collection, arrangement or assembly, of ALL Content on the Site is the sole and exclusive property of MomMD and protected by United States and International copyright laws. MomMD authorizes you as the user to view and download a single copy of the material on the MomMD Site solely for your personal and non-commercial use only if you include the following copyright: “©Copyright 1999-2010, MomMD, LLC All Rights Reserved”, and any other copyright and proprietary rights and notices which are contained in the Content. Any special rules for the use of certain software and other items accessible on the MomMD Site may be included elsewhere within the Site and are incorporated into this TCU by reference.

6. Limitation on Usage. All Content viewed, copied, downloaded, modified, printed or otherwise used by the user is subject to the following terms and conditions:

(a) MomMD allows RSS feed usage or linking. However, users have no permission to take, use, modify, or alter such information in a way, which will violate copyright, trademark, or, any other property rights of the owner of such property.

(b) Only a limited license is granted to the user as to any Content downloaded, copied, modified, printed or otherwise used by the user for personal and NOT commercial use or any other non-personal use;

(c) Any modifications the user may make pursuant to the limited license granted herein, to any Content are also to be limited to the users personal use and needs relating thereto and the modified Content is not to be distributed for commercial purposes nor posted on any other website;

(d) Any proprietary, copyright, or trademark notice shall be kept intact, and no modification(s) is or are permitted in any form whatsoever, and all copyright or other proprietary notices must appear in all copies used by the user.

MomMD does not want any user to transmit any unlawful, copyrighted, trademarked, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that could be considered a criminal offense or violate any laws. Further, users agrees not to use any facilities or resources available on or through Site to perpetrate prohibited, illegal, or abusive conduct, whether against MomMD, its affiliates, its owners or any other third party. Examples of prohibited conduct include, but are not limited to chain letters, pornography, or other communication that creates a nuisance or is otherwise offensive to the recipient. MomMD, if a determination is required, reserves the right to be the sole arbiters of what may be deemed, profane, pornographic, and abusive or a nuisance, and the user is obligated to follow such a decision, if ever made by the owners, without objection.

7. Notices and Procedures for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site’s designated agent listed below. MomMD respects the intellectual property of others, and we ask our users and visitors to do the same. MomMD will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, MomMD will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MomMD the following information:

(a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

(b) a description of the copyrighted work that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located on the Site;

(d) your address, telephone number, and email address and all other information reasonably sufficient to permit MomMD to contact you;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail:

MomMDSteven Nofar, Esq. - Legal Division
3525 Rochester Road
Troy, MI 48083
By fax: (248) 524-1702
By Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
(Please include "Notice of Infringement" in the subject line.)

8. Typographical Errors. In the event a MomMD product or service is listed incorrectly due to typographical error, then MomMD shall have the right to refuse or cancel any product or service which is listed incorrectly.

9. Information is Provided As-Is. ALL OF THE CONTENTS, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND MOMMD, ITS LICENSORS, SUCCESSORS AND ASSIGNS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT OF THIRD PARTYS’ RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES WHICH ARE OR MAY BECOME APPLICABLE. Without limiting the foregoing, MomMD, its licensors, and its suppliers make no representations about the following:

(a) The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or MomMD.

(b) The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.

In no event shall MomMD, its licensors, successors and assigns, and its suppliers, or any third parties mentioned on the MomMD Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the MomMD Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MomMD, its licensors, its suppliers, or any third parties mentioned on the MomMD Site are advised of the possibility of such damages. In addition, MomMD, its licensors, successors and assigns, and its suppliers, or any third parties mentioned on the MomMD Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below).

10. User Submissions and User Provided Information. MomMD does not and cannot review all communications and materials posted or created by users accessing and using the Site and shall not in any manner be responsible for the content created by Site’s uses or user submissions and user provided information. Users acknowledge that while MomMD provides users with the ability to view and distribute user generated content on the Site, MomMD is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user submitted content or activities on the Site. Statements made in websites, blogs, newsgroups, message boards, emails, forums, conferences and chats (collectively “Public Areas”) reflect only the views of the user and not that of MomMD.

MomMD reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to MomMD at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by MomMD in accordance with MomMD's Privacy Statement.

You as the user agree that you will not upload or transmit any communications or content of any type to any Public Area, which infringes or violates any rights of any other party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to MomMD by email, you automatically grant-or warrant that you are the owner of such content or intellectual property and expressly grant MomMD a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. MomMD may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, please do not submit them to the Public Areas or to MomMD.

12 Users must provide Accurate Information. If you choose to become a user or registrant of any or part of the Site, you agree that you will provide true, accurate, current and complete information about yourself as prompted by the registration process. You also agree to update that information as necessary to maintain its accuracy. If you provide any information that is untrue, inaccurate, not current or incomplete, or if MomMD has reason to believe such information is untrue, inaccurate, not current or incomplete, then MomMD has the right to suspend or terminate your account or use and refuse the user any or all current and future use of any of portion of the Site, or the services of MomMD. By accepting this TCU, you as the user expressly consent to MomMD’s use of your personal information as explained in our Privacy Statement.

13 Third Party Links. In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with MomMD, MomMD has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MomMD. MomMD has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that MomMD sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such external Sites. Nonetheless, MomMD seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator for those external Sites if you have any concerns regarding such links or the content located on such External Sites.

14 WAIVER, RELEASE AND LIMITATION OF LIABILITY. USERS AGREE THAT THEIR USAGE OF THIS SITE SHALL BE AT THEIR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOMMD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE USE THEREOF. MOMMD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. MOMMD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOMMD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USERS SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL MOMMD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF MOMMD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15 Governing Law and Arbitration. This TCU will be governed by and construed in accordance with the laws of the State of Michigan, irrespective of the what is known as choice of law or conflict of laws principals. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this TCU or the use of the Site will be resolved through mandatory binding arbitration conducted in Michigan pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"). The terms set forth in this TCU will control in the event of any inconsistency between such the rules of arbitration and this TCU. The parties will cooperate with each other in promptly selecting a panel of three arbitrators. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with the provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this TCU. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

16 This TCU is Admissible in a Judicial Proceeding. A printed version of this TCU and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this TCU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

17 MomMD is an Equal Opportunity Employer. MomMD reserves the right to post information about employment opportunities with the company on any part of the Site. MomMD is an equal opportunity employer, employing people without consideration to race, sex, religion, nationality, age or disability. MomMD does not discriminate in any manner.

18 Severability. If any provision in this TCU is held to be invalid or unenforceable, it shall be ineffective only to the extent of the invalidity, without affecting or impairing the validity and enforceability of the remainder of the provision or the remaining provisions of this TCU.

19 Entire TCU. This TCU constitutes the entire TCU among the parties hereto and contains all of the TCUs among said parties with respect to the subject matter hereof. This TCU supersedes any and all other TCUs, either oral or written, between said parties with respect to the subject matter hereof.

Thank you for your cooperation. We hope you find the MomMD.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: MomMD LLC, 3525 Rochester Road, Troy, MI 48083.

Last Updated 4/18/2010

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