Welcome to The Hot Mommas®
Project (“HMP”) website, owned and
operated by Vision Forward, LLC (“Vision
Forward”), whose principal place of business is the Commonwealth of
Virginia. By using the HMP website
and other services ("Services"), you accept and agree to be bound by the
following terms and conditions (the "Terms of Service").
Certain Services may have additional terms and conditions (‘Additional Terms”). In case of
any contradiction between the Additional Terms and the Terms of Service, the
Additional Terms shall take precedence to that Service.
Before you continue, you should print or save a local copy of this page for your
records.
1. Description of Service
Unless explicitly stated otherwise, the Services may be modified or terminated
at any time by Vision Forward for any reason, and without notice, without
liability to you, any other user of the Service or any third party.
Any new features that augment or enhance
the current Service shall be subject to the Terms of Service.
2. Changes to Terms of Service
The Terms of Service of this service are subject to update by Vision Forward at
any time, with or without notice, and you can review the most current version of
Terms of Service at
http://hotmommasproject.org/termsconditions.aspx.
3. Waiver of provision
These Terms of Service constitutes agreement between you and
Vision Forward in its entirety with respect to the subject matter hereof and
supersedes and replaces all prior or contemporaneous understanding or
agreements, written or oral, regarding such subject matter. Any waiver of any provision of the
Terms of Service by a party will be effective only if in writing and signed by
both parties.
4. Accepting the Terms
In order to use the Services, you must first agree to the Terms of Service.
You may not use the Services if you do
not accept the Terms of Service.
To comply with the Children's Online Privacy Protection Act, at this time
Services are only available to users who are at least 13 years old. If you are under 13, you may not use
the Services.
You can accept the Terms by:
a.
clicking to accept or agree to the
Terms of Service, where this option is made available to you by Vision Forward
in the user interface for any Services; or
b.
by actually using the Services.
In this case, you understand and agree
that Vision Forward will treat your use of the Services as acceptance of the
Terms of Service from that point onwards.
You understand that your use of Services after the date on which the Terms of
Service has changed shall be treated as acceptance of the updated Terms of
Service.
You may not use the Services and may not accept the Terms of Service if you are
not of legal age to form a binding contract with Vision Forward.
5. Appropriate Conduct
You agree that you are responsible for your own conduct while using the Service
and for any consequences thereof.
You agree to use the Service only for activities that are legal. By way of example, and not as a
limitation, you agree that when using the Service, you will not:
-
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
-
violate the terms of any Non-Disclosure Agreement or any Communication Policy
with regard to a company used in a case study;
-
reproduce, duplicate, copy, sell, trade or resell the Services for any purpose
unless you have been specifically permitted to do so in a separate agreement
with Vision Forward;
-
download any material from the website that you know, or reasonably should know,
that cannot be legally distributed in such manner;
-
restrict or inhibit any other user from using and enjoying the Service;
-
use the Service for any illegal or unauthorized purpose;
-
interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
-
access (or attempt to access) any of the Services by any means other than
through the interface that is provided by Vision Forward, unless you have been
specifically allowed to do so in a separate agreement with Vision Forward;
-
use any robot, spider, site search/retrieval application, or other device to
retrieve or index any portion of the Service or collect information about users
for any unauthorized purpose;
-
create user accounts by automated means or under false or fraudulent pretenses;
International users agree to comply with their own local rules regarding online
conduct and acceptable content, including laws regulating the export of data to
the United States or your country of residence.
While Vision Forward prohibits such conduct and Content in connection with the
Services, you understand and agree that you nonetheless may be exposed to such
conduct and/or Content and that you use the Services at your own risk.
6. Registration
In order to access certain Services, you may be required to provide information
about yourself (such as name, age, gender, email address or other contact
information) as part of the registration process for the Services, or as part of
your continued use of the Services.
When you register for Services, you must provide true, accurate and complete
registration information. As part of
the registration process, you will be asked to select a username and password. You will be responsible for all
activities occurring under your username and for keeping your password secure.
7. Content in the Services
Responsibility of Contributors
If you submit, publish, post, upload, distribute, disseminate or otherwise
transmit any material such as case studies, written text, comments, posts, email
to a case study author, computer software, website links, podcasts, audio files
or other sounds, graphics, photographs, videos or other images (referred to
below as the “Content”) via the
Services, you are solely and exclusively responsible for the content of, and any
harm resulting from, that Content. By
making Content available, you represent and warrant that:
-
the downloading, copying and use
of the Content will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark or trade secret rights, of any third
party;
-
if your employer has rights to
intellectual property you create, you have either
-
received permission from your
employer to post or make available the Content, including but not limited to any
software, or
-
secured from your employer a waiver
as to all rights in or to the Content;
-
you have fully complied with any
third-party licenses relating to the Content, and have done all things necessary
to successfully pass through to end users any required terms;
-
the Content is not obscene,
libelous or defamatory, hateful or racially or ethnically objectionable, and
does not violate the privacy or publicity rights of any third party;
-
your Content is not named in a
manner that misleads your readers into thinking that you are another person or
company. For example, your case study’s
title is not the name of a person other than yourself or company other than your
own;
-
the Content does not contain or
install any viruses, worms, malware, Trojan horses or other harmful or
destructive content; and
-
the Content is not spam, is not
machine or randomly generated, and does not contain unethical or unwanted
commercial content designed to drive traffic to third party sites or boost the
search engine rankings of third party sites, or to further unlawful acts (such
as phishing) or mislead recipients as to the source of the material (such as
spoofing).
If you delete Content, Vision Forward will use reasonable efforts to remove it
from the Services, but you acknowledge that caching or references to the Content
may not be made immediately unavailable.
You agree that by using the Services, you will not make available any Content
that falsely expresses or implies that such Content is sponsored or endorsed by
Vision Forward, its sponsors, its affiliates, or its owners.
Without limiting any of those representations or warranties, Vision Forward has
the right (though not the obligation) to, in Vision Forward’s sole discretion
-
refuse or remove any content that,
in Vision Forward’s reasonable opinion, violates any Vision Forward policy or is
in any way harmful or objectionable, or
-
terminate or deny access to and
use of the Services to any individual or entity for any reason, in Vision
Forward’s sole discretion.
Responsibility of users of Services
Vision Forward has not reviewed, and cannot review, all of the material, made
available on the Services, and cannot therefore be responsible for that
material’s content, use or effects.
By operating the Services, Vision Forward does not represent or imply that it
endorses the material there posted, or that it believes such material to be
accurate, useful or non-harmful. You
are responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The Services
may contain Content that is offensive, indecent, or otherwise objectionable, as
well as Content containing technical inaccuracies, typographical mistakes, and
other errors. The Services may also
contain material that violates the privacy or publicity rights, or infringes the
intellectual property and other proprietary rights, of third parties, or the
downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated.
Vision Forward disclaims any responsibility for any harm resulting from the use
by users of the Services, or from any downloading by those visitors of Content
there posted.
You understand that all Content which you may have access to as part of, or
through your use of, the Services is the sole and exclusive responsibility of
the person from which such Content originated.
This means that you, and not Vision Forward, are solely and exclusively
responsible for all Content that you submit, publish, post, upload, distribute,
disseminate or otherwise transmit via the Service. Under no circumstances will Vision
Forward will be liable in any way for any Content, including, but not limited
to, for any errors or omissions in the Content, for infringement of copyrights
of any third party through submission or posting of such Content, for disclosure
of any proprietary or confidential information, or for any loss or damage of any
kind incurred as a result of the use of any Content available on the Service.
You should be aware that all Content including, but not limited to, sponsored
Content within the Services may be protected by intellectual property rights
which are owned by Vision Forward and/or their respective owners or sponsors who
provide that Content to Vision Forward (or by other persons or companies on
their behalf). You may not modify, rent,
lease, loan, sell, distribute or create derivative works based on this Content
(either in whole or in part) unless you have been specifically informed in
writing that you may do so by Vision Forward or by the owners of that Content,
in a separate agreement with Vision Forward.
You understand that by using the Services you may be exposed to Content that you
may find offensive, indecent or objectionable and that, in this respect, you use
the Services at your own risk.
8. Important Notice regarding any Content containing Mature or Explicit Material
You understand and agree that if you submit any Content that contains sexually
explicit, domestic violence, or other inappropriate material, not suitable for
minors, you agree to mark such Content Inappropriate for Minor through the
interface provided by Vision Forward.
9. Proprietary rights
You acknowledge and agree that Vision Forward owns all legal right, title and
interest in and to the Services, including any intellectual property rights
which subsist in the Services.
“The Hot Mommas® Project” is the registered trademarks of Vision
Forward. Unless you have agreed
otherwise in writing with Vision Forward, nothing in the Terms of Service gives
you a right to use any of Vision Forward’s trade names, trademarks, service
marks, logos, domain names, and other distinctive brand features.
Vision Forward claims non-exclusive ownership or control over all Content
submitted by you on or through the Service.
You or a third party licensor, as appropriate, retain all patent,
trademark and copyright to any Content you submit on or through the Service and
you are responsible for protecting those rights, as appropriate. By submitting Content on or through
the Service, you grant Vision Forward a worldwide, non-exclusive, royalty-free
license to reproduce, adapt, modify, translate, publish, publicly perform,
publicly display, distribute and sell such Content. Vision Forward reserves the right to
syndicate Content submitted by you on or through the Service and use that
Content in connection with other services offered by Vision Forward.
You understand and agree not to submit any Content that infringes any patent,
trademark, copyright, trade secret or other proprietary right of any party
unless you are the owner of the Rights or have the permission of the owner to
Post such Content.
You confirm and warrant to Vision Forward that you have all the rights, power
and authority necessary to grant the above license.
10. Copyright Infringement and DMCA
Policy
As Vision Forward asks others to respect its intellectual property rights, it
respects the intellectual property rights of others. If you believe that material located
on or linked to by our Services violates your copyright, you are encouraged to
notify Vision Forward in accordance with
Vision Forward’s Digital Millennium Copyright Act
(“DMCA”) Policy. Vision Forward will respond to all
such notices, including as required or appropriate by removing the infringing
material or disabling all links to the infringing material. In the case of a visitor who may
infringe or repeatedly infringes the copyrights or other intellectual property
rights of Vision Forward or others, Vision Forward may, in its discretion,
terminate or deny access to and use of the Services.
11. External Links
The Service may provide links to other websites or resources
(such as news articles, podcasts, images, videos, and blogs) over which
Vision Forward does
not have any control. You
acknowledge and agree that Vision Forward is not responsible for the availability
of such external sites or resources.
Vision Forward does not endorse such links and is not responsible or liable, directly or
indirectly, for any damage or loss caused by or in connection with use of any
content on or available from such sites or resources.
12. User Privacy
You agree to the terms of the
Hot Mommas®
Project Privacy Policy, as it may be changed from time to
time. You understand and agree that
Vision Forward may access, preserve, and disclose your personal information and
the contents of your account in order to provide the Services or if required to
do so by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to comply with legal process or to protect
the rights, property and/or safety of Vision Forward, its affiliates or the
public.
For a full description of how Vision Forward maintains the personal information
you provide, please see our
Privacy
Policy.
13. Disclaimer of Warranties
THE SERVICES, ALL CONTENT, INFORMATION ON THE HMP WEBSITE AND THE PRODUCTS AND
SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," AND THE VISION FORWARD DISCLAIMS
ANY AND ALL REPRESENTATIONS AND WARRANTIES WHATSOEVER, INCLUDING IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS. The VISION FORWARD
disclaim any and all responsibility and liability for your conduct and for the
conduct of others using the Service.
VISION FORWARD CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS
FROM USE OF THE SITE AND/OR THE SERVICES.
VISION FORWARD DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON
THE SITE AND THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT
OR ERROR-FREE. Certain state laws do
not allow the exclusion or limitation of implied warranties, so the above
disclaimers and exclusions may not apply to you, and you may have additional
rights.
YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL VISION FORWARD OR ITS EMPLOYEES, AFFILIATES
OR AGENTS BE LIABLE TO YOU, YOUR EMPLOYEES, AFFILIATES OR AGENTS OR ANY THIRD
PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR
USE OF THE SITE OR THE SERVICES OR OTHER MATERIALS ON, ACCESSED THROUGH OR
DOWNLOADED FROM THE SITE, WHETHER OR NOT
VISION FORWARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Such limitation of liability shall
apply whether the damages arise from use or misuse of and reliance on SERVICES
or inability to use the Services or from interruption, suspension, or
termination of the services.
Certain state laws do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation and exclusions may not apply to
you, and you may have additional rights.
15. Termination
There Terms of Service will apply for your use of the
Services. You may terminate your use
of the Service immediately at any time by stopping your use of the HMP website
and/or Services. Vision Forward may
terminate your use of the Services and/or prohibit you from using or accessing
the Services immediately at any time, for any reason, or no reason, at any time
in its sole discretion, with or without notice, including if it believes that
you are under 13. Our proprietary
rights, disclaimer of warranties, indemnities, limitations of liability and
miscellaneous provisions attached to all Contents, accessed or downloaded by
you, shall survive any such termination.
16. Competent Jurisdiction
There Terms of Service will be governed by and construed in accordance with the
laws of the Commonwealth of Virginia, without giving effect to its conflict of
laws provision or your actual state or country of residence. The parties agree to submit to the
personal and exclusive jurisdiction of the courts located in Arlington, VA. If for any reason a court of
competent jurisdiction finds any provision or portion of the Terms of Service to
be unenforceable, the remainder of the Terms of Service will continue in full
force and effect.