Last updated: June 20, 2022
) governing your use of the Newmom.me website. Newmom.me websites (the “Sites”
), the mobile applications (the “Apps”
), and related services, products, information and communications (the “Services
”) are collectively referred to as the “Newmom.me website.”
Newmom.me Website Connects Providers and Clients
The Newmom.me website is a web-based communications website that enables connections between Clients and Providers. “Clients” are individuals and/or businesses seeking to obtain services/products from Providers and are, therefore clients of the Providers. “Providers” are businesses seeking to perform services/products for Clients. Clients and Providers together are hereinafter referred to as “Users.” If you agree on the terms of a service with another User, you and such other User will have to form a Service Agreement directly between the two of you as set forth in more detail in the sections below.
Newmom.me is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of services, products, Providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Newmom.me makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the services/products requested or services/products provided by, or the communications of or between, Users identified through the Newmom.me website, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
Providers are independent contractors of Clients and not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of newmom.me. Newmom.me does not offer products, perform services and does not employ individuals to perform services and/or sell products. By connecting people and businesses seeking services/products with service/product providers, newmom.me operates solely as an online marketplace that connects clients with service providers who wish to perform a variety of services and/or offer products.
Users hereby acknowledge that newmom.me does not supervise, direct, control or monitor a provider’s work and products and expressly disclaims (to the extent permitted by law) any responsibility and liability for the work/products performed and compliance of a user with any law, statute, ordinance, regulation, or code.Limitations of Newmom.me Services
The Newmom.me Services have the following limitations: Newmom.me does not employ any Providers, does not offer products and are not responsible for the conduct, whether online or offline, of any Client, Provider, or other user of the Newmom.me website or Services/Products. Clients are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable Ban-the-Box, Fair Chance, payroll, tax and minimum wage laws).
Clients’ and Providers’ content is primarily user generated. Newmom.me does not control or vet user-generated content for accuracy, and it does not assume and expressly disclaims any responsibility for the accuracy or reliability of any information provided by Clients or Providers on or off the Newmom.me platform or website. Further, Newmom.me does not assume and expressly disclaims any liability that may result from the use of information provided on the Newmom.me website.
Newmom.me does not refer or recommend Clients or Providers nor do Newmom.me make any representations about the suitability, reliability, timeliness, or accuracy of the services/products provided by Providers or the integrity, responsibility or actions of Clients or Providers whether in public, private or offline interactions. Any screening of a Client or Provider and his, her or its information by Newmom.me is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability as an employer or care provider.
Newmom.me is not an employment agency, and it does not secure or procure employees for any Clients, nor do Newmom.me secure or procure opportunities for employment for any Providers.
Newmom.me does not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services/products delivered by Providers, nor do Newmom.me require Providers to accept or work any jobs or deliver any services at all.
Newmom.me may offer certain Users the opportunity to verify certain information such as their email address, cell phone number, or, in the case of providers, their certificate information. If Newmom.me indicates that certain information has been verified, it means that the client and provider have complied with the process it has established for verifying such information. However, Newmom.me does not guarantee, nor does it represent or warrant, that the information is accurate or that it belongs to the Users who supplied it.
Users are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Client/Provider/Products for themselves or their family.
Each User is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Provider they select as well as that Provider's credentials and eligibility to work in the US.
If Users hire a doula and/or Newborn Care Specialist found via Newmom.me , Users will process the payment for the provided services via newmom.me platform. In case payment is not made via Newmom.me platform, Users will pay Newmom.me 10% of the total service fees paid to the provider.Eligibility to Use the website
By requesting to use, registering to use and/or using the Newmom.me website or Services, you represent and warrant that you have the right, authority and capacity to enter into the Terms of this Agreement and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
You intend to use the Newmom.me website and Services solely for the purpose of finding or managing provider-related services/products, or for finding or sharing information relating to provider services/products. You are (18) years of age or older. You reside legally in the United States.
If you are registering to be a Provider, you must be permitted to legally work within the United States and hold the required licenses and certifications as are required by laws applicable to your profession.
You have never been the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving:
- any felony
- any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs, or- any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct.
- registered, or currently required to register, as a sex offender with any government entity.
You are not a competitor of Newmom.me or using Newmom.me website for reasons that are in competition with Newmom.me.
Delays and Accessibility
The Sites, Apps and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Newmom.me is not responsible for any delays, failures or other damage resulting from such problems.
Notice for California Users
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Newmom.me website is provided by Newmom.me, LLC, 548 Market Street #42663, San Francisco, CA 94104. If you have any questions, concerns, or complaints regarding the Newmom.me website, please contact Newmom.me by either visiting WWW.NEWMOM.ME
or sending a letter, first class certified mail, to Newmom.me, LLC, 548 Market Street #42663, San Francisco, CA 94104.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Trademarks and Copyrights
Newmom.me, and Sites, Apps, and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Newmom.me in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites, Apps and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites, Apps and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Newmom.me and/or its licensors and are protected by all United States and international copyright laws.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Newmom.me will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”).
Our Designated Agent is:
548 Market Street #42663
San Francisco, CA 94104
Attn: Designated Agent
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
3.identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
6.a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Newmom.me will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Rules for User Conduct and Use of Newmom.me website
Last updated: June 20, 2022
1. Registration, Posting, and Content Restrictions
[The following rules pertain to "Content", defined as any website or Services, whether to Newmom.me or to Users or website visitors,] or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"):
- Any Content that you post, upload or transmit to or through the Newmom.me website is solely for the purpose of finding or managing providers services/products, or for finding or sharing information relating to Newmom.me.
- You are responsible for providing accurate, current and complete information in connection with your registration for use of the Newmom.me website.
- You will register your account in your own legal name, even if you are using Newmom.me website for another individual or family member.
- Unless otherwise permitted by Newmom.me, all content you post will be in English as the Newmom.me website generally is not supported in any other languages.
- You are solely responsible for any content that you post on the Newmom.me website or transmit to other users of the Newmom.me website. You will not post on the website, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any content emanates from Newmom.me or the Newmom.me website where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Newmom.me or to any other user of the Newmom.me website, and all opinions stated as part of content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any content you post to post such content.
- You understand and agree that Newmom.me may, in its sole discretion, review, edit, and delete any content, in each case in whole or in part, that in the sole judgment of Newmom.me violates these Rules or which Newmom.me determines in its sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Newmom.me website or others.
- You have the right, and hereby grant, to Newmom.me, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your content and to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Newmom.me will not infringe or violate the rights of any third party.
- Your use of the Services/Products, including but not limited to the content you post on the Newmom.me website, must be in accordance with any and all applicable laws and regulations. - Newmom.me welcomes your feedback and questions about the Newmom.me website. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to Newmom.me or share with Newmom.me through any channel (including, without limitation, the Newmom.me website, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Newmom.me and Newmom.me may use all such communications, all without notice to, consent from, or compensation to you.
2. Client and Provider content is Primarily User Generated.
- Newmom.me does not control or vet such content for accuracy, and Newmom.me does not assume and expressly disclaims any responsibility for the accuracy or reliability of any content provided by Clients or Providers on or off the Newmom.me website, including any content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand and agree to hold Newmom.me harmless for any misstatements misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on the Newmom.me website or in any other venue.
- Opinions, advice, statements, offers, or other information or content made available on the Newmom.me website or through the Newmom.me website, but not directly by Newmom.me, are those of their respective authors. Such authors are solely responsible for such content. Newmom.me does not: (i) guarantee the accuracy, completeness, or usefulness of any information on or through the Newmom.me website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on or through the Newmom.me website. Under no circumstances will Newmom.me or its affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Newmom.me website or transmitted to or by any User of the Newmom.me website; or (b) reviews or comments made about you on the Newmom.me website by other users.
- You agree that Newmom.me has no obligation to remove any reviews or other information posted on the Newmom.me website about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Rules. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
3. Exclusive Use
- If you are a Client, you may use your account only to find providers for yourself, your parents, your children, your grandchildren. If you are a Provider, you may use your account only to find provider services/products for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
4. Prohibited Uses
By using the Sites, Apps, or Services of Newmom.me, you agree that you will not under any circumstances:
- use the Sites, Apps, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- use the Sites, Apps, or Services for any fraudulent or unlawful purpose, for any purpose unrelated to care or caregiving, or for any other purpose not expressly intended by Newmom.me;
- harass, abuse or harm another person or group, or attempt to do so;
- use another user's Newmom.me account;
- provide false or inaccurate information when registering an account on Newmom.me, using the Newmom.me website or communicating with other Users;
- attempt to re-register with Newmom.me website if Newmom.me has terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
- interfere or attempt to interfere with the proper functioning of Newmom.me website;
- make any automated use of the system, or take any action that Newmom.me deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures Newmom.me takes to restrict access to the Newmom.me website or use any software, technology, or device to scrape, spider, or crawl the Newmom.me website or harvest or manipulate data (whether manually or through automated means);
- use the communication systems provided by or contacts made on or through the Newmom.me website for any commercial solicitation purposes other than those expressly permitted by Newmom.me;
- publish or link to malicious content intended to damage or disrupt another user's browser or computer.
In order to protect our users from prohibited activity, Newmom.me reserves the right to take appropriate actions, including but not limited to restricting the amount of messages a User may send in any 24-hour period to an amount which Newmom.me deem appropriate in our sole discretion.
Should Newmom.me find that you violated the terms of this Section or any terms stated herein, Newmom.me reserves the right, at its sole discretion, to immediately terminate your use of the Newmom.me website. By using the Newmom.me website, you agree that Newmom.me may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain Provider or Client information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the website, or (ii) otherwise mis-use or mis-appropriate Newmom.me website content, including but not limited to, use on a "mirrored", competitive, or third party site. This obligation shall be in addition to any other rights Newmom.me may have under these Rules or applicable law. Further, in order to protect the integrity of the Newmom.me website, Newmom.me reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Newmom.me website.
Newmom.me reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Newmom.me website, to remove your profile and/or any content posted by or about you from the Newmom.me website, and/or to terminate your account with Newmom.me, with or without notice for any reason or no reason in its sole discretion, including without limitation if Newmom.me should determine that you are not eligible to use the Newmom.me website, have violated any of the terms of the Terms of the Use Agreement or these Rules stated herein or in any additional terms, are not suitable for participation as a User, have mis-used and/or mis-appropriated Newmom.me website content, including but not limited to use on a "mirrored," competitive, or third-party website. Upon termination, Newmom.me shall be under no obligation to provide you with a copy of any content posted by or about you on the Newmom.me website. If Newmom.me terminates your User registration, Newmom.me has no obligation to notify you of the reason, if any, for your termination.
You understand and agree that, following any termination of any User’s use of the Newmom.me website, Newmom.me has the right, but not the obligation, to send a notice of such termination to other Users with whom Newmom.me believes such terminated User (Client or Provider) has corresponded. The decision to terminate a Client or Provider registration and/or to notify other Users with whom Newmom.me believes the Client or Provider has corresponded does not constitute, and should not be interpreted or used as information bearing on, the Client or Provider’s character, general reputation, personal characteristics, or mode of living.
7. Links To External Websites
Newmom.me expressly disclaims any liability derived from the use and/or viewing of links to external websites that may appear on the Sites or Apps. All users hereby agree to hold Newmom.me harmless from any liability that may result from the use of links to external websites that may appear on the Sites or Apps.
8. Release of Liability for Conduct and Disputes
By using Newmom.me website, you hereby represent, understand, and expressly agree to release and hold harmless Newmom.me and Newmom.me's officers, directors, shareholders, employees, parents, subsidiaries, affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers from any claim or controversy that may arise out of:
- the actions or inactions of, or the relationship between, you and any Client, Provider, Product or other User(s) of the Newmom.me website;
- the inaccurate or untruthful Content or any other information you provide to Newmom.me;
-the inaccurate or untruthful Content or any other information, instruction, advice or services created by you or any Client, Provider, or other third party that was communicated by you on or through, the Newmom.me website; and
- any intentional or willful violation of any rights of another or harm you may have caused to another.
Newmom.me and its affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.
9. Age Restrictions
Newmom.me is intended for people 18 or over. Newmom.me will not knowingly collect any information from individuals under 13. Should Newmom.me determine that you do not meet the age requirements for using Newmom.me website, your registration will be terminated immediately.
Disclaimers; Limitations; Waivers; Indemnification
1. No Warranty
The information and materials contained on the website, including text, graphics, information, links or other items are provided "as is," "as available." Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Newmom.me, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Newmom.me does not: (1) warrant the accuracy, adequacy or completeness of this information and materials; (2) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Newmom.me; (3) warrant that your use of the website or services will be secure, free from computer viruses, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the services will be corrected; or (4) give any warranties of fitness for a particular purpose or non-infringement of third party rights. To the extent permitted by applicable law, Newmom.me expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and disclaims liability for errors or omissions in this information and materials.
In addition, and without limiting the foregoing, Newmom.me makes no representation or warranties of any kind whether express or implied regarding the suitability of any Provider to provide services/products. The information and material contained on the Newmom.me website is provided for your internal use only and may not be copied or redistributed for any reason. This information is provided "as is" without warranty of any kind. The information is the intellectual property of Newmom.me or the Providers on its website. In no event will Newmom.me or the Providers be liable in any way with regard to such information. Your use of the information must in all cases comply with all applicable laws and regulations.
2. Assumption of Risk
While Newmom.me takes certain steps to help promote the safety of the Newmom.com website, finding care or care-related services via an online website like ours comes with certain inherent risks. Newmom.me does not provide any training, supervision, or monitoring of Clients or Providers or Products, and Newmom.me cannot guarantee that all of your interactions with other Users, visitors to our Sites and Apps, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the Newmom.com website, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the Newmom.com website. You also agree not to rely solely on steps Newmom.me may take to vet or screen Providers/Products or Clients and/or their content, or otherwise to promote the safety of the Newmom.me website.
3. Limitation of Liability
Incidental Damages and Aggregate Liability.
In no event will Newmom.me be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Newmom.me website, including without limitation damages related to any information received from the Newmom.me website, removal of content from the Newmom.me website, including profile information, any email distributed to any user or any linked website or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Newmom.me website, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Newmom.me, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Under no circumstances will Newmom.me's aggregate liability, in any form of action whatsoever in connection with these Rules and Terms of the User Agreement or the use of the Newmom.me website, exceed the price paid by you for your account, or, if you have not paid Newmom.me for the use of any services or the Newmom.me website, the amount of $25.00.
No Liability for non-Newmom.me Actions.
In no event will Newmom.me be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, or otherwise, arising out of or relating to the conduct of you or anyone else in connection with the use of the Newmom.me website or the services/products or any agreement or relationship formed using the Newmom.me website, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from anyone's reliance on information or other content posted on the Newmom.me website, or transmitted to or by any Users or any other interactions with other Users of the Newmom.me website, whether online or offline. This includes any claims, losses or damages arising from the conduct of Users who have registered under false pretenses or who attempt to defraud or harm you.
In addition to the preceding paragraphs of this section and other provisions of these Rules, any advice that may be posted on the Newmom.me website is for informational purposes only and is not intended to replace or substitute for any professional financial, legal, or other advice, or medical advice, diagnosis or treatment. Newmom.me makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Newmom.me website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist. Never disregard professional medical advice or delay in seeking it because of something you have read on the Newmom.me website. If you think you may have a medical emergency, call your doctor or 911 immediately. Newmom.me does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on or via the Newmom.me website. Newmom.me is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Newmom.me, its employees and others appearing on or via the Newmom.me website at the invitation of Newmom.me, or other visitors to the Newmom.me website is solely at your own risk. You should be aware that if you post any health-related information about yourself or anyone else on the Newmom.me website, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. Newmom.me is not liable for any such Content. Newmom.me cannot be expected to keep your health information confidential if you post it to the Newmom.me website or otherwise make it available to others.
By agreeing to these Rules, Users of the Newmom.me website agree to indemnify, defend and hold harmless Newmom.me and its affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by Newmom.me and its affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Newmom.me website, (ii) use of the Newmom.me website by you in violation of these Rules or the Terms of the Use Agreement or in violation of any applicable law, or (iii) any relationship or agreement formed with a Client or Provider/Product using the Newmom.me website. Users further agree that they will cooperate as reasonably required in the defense of such claims. Newmom.me and its affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Newmom.me. Users further agree to hold harmless Newmom.me and its affiliates from any claim arising from a third party's use of information or materials of any kind that Users post to the Newmom.me website.
Governing Law and Jurisdiction
These Rules, and all claims relating to or arising out of them or the Terms of the User Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of California, including California's statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, you agree that any claim or dispute that has arisen or may arise between you and Newmom.me must be resolved exclusively by a state or federal court located in the State of California.
You and Newmom.me agree to submit to the personal jurisdiction of the courts located within the State of California for the purpose of litigating all such claims or disputes.
Consent to Electronic Communication
By using the Newmom.me website, you agree to allow Newmom.me to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks and Preliminary Membership Screens) from Newmom.me via the Sites, Apps, online messaging website, or e-mail. You also agree to check your Newmom.me account, alerts, and messages, and the e-mail account reflected on your Newmom.me account on a reasonably regular basis to stay apprised of important notices and information about your account.
Nothing in this Agreement shall be construed as making a User or Newmom.me the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither a User nor Newmom.me shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term of the User Agreement or provision of these Rules shall in no way affect the validity, legality or enforceability of any other term or provision of the Terms of the User Agreement or these Rules. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
If a court decides that any term or provision of these Rules is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. The remainder of the Terms will continue to apply.
If you have any questions or need further information as to the Newmom.me website provided by Newmom.me, or need to notify Newmom.me as to any matters relating to the Newmom.me website please contact Newmom.me at: 548 Market Street #42663, San Francisco, CA 94104.