Terms of Service - Moms Sunny Window

Last updated: April 20, 2023

By visiting and using this website, you accept and agree to be bound by these terms, including our disclosure and privacy policy.

Intended Age

All information and content on this website are intended for individuals over the age of 18. Children, as defined in our privacy policy, are prohibited from using this website.

Accessibility

We are committed to making the website accessible to all individuals. If you are having difficulty accessing any page of the website or to learn more, please review our accessibility statement.

Disclosure

Your acceptance of our disclosure is expressly incorporated into these terms. To learn more, please review our disclosure.

Privacy Policy

We are committed to respecting the privacy of your personal information. Your acceptance of our privacy policy is expressly incorporated into these terms. To learn more, please review our privacy policy.

Return Policy

All products/services are final due to their digital nature. To learn more, please review our return policy.

Interpretations and Definitions

The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

•Mom’s Sunny Window (“company”, “I”, “we” or “us”) refers to this website, Tennessee, United States.

• Service refers to the website.

• You refers to the individual accessing the service, the website, or other legal entity on behalf of which such individual is accessing or using the service, as applicable.

• Website refers to Mom’s Sunny Window, accessible from www.momssunnywindow.com

Mom’s Sunny Window reserves the right to amend or modify these terms in its sole discretion at any time without notice and by using the website, you agree to accept these terms. It is the user’s responsibility to periodically check the website for updates.

Your continued use of the website after posting any changes, constitutes your acceptance of those updates. You must not access or use the website if you do not wish to be bound by these terms.

Mandatory Arbitration and Governing Law

You expressly waive any legal claims you may have now or in the future arising from or related to the website and our products/services. In the event of a dispute, claim, or controversy arising from or relating to your use of this website, these terms shall be construed in accordance with the laws of the state of Tennessee, United States.

You agree first to resolve any disputes or claims through mandatory arbitration, and you consent to and submit to the jurisdiction and courts of Tennessee, without regard to conflict of law principles or where the parties are located at the time of the dispute. You agree to bear the full cost of arbitration, to the extent permitted by law. Participation in arbitration in good faith is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other legal procedure. You also agree that if a legal claim is filed after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other legal costs.

Intellectual Property

All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads, and all other information here (collectively, the “content”) is owned by us and is protected by copyright, trademark, and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use.

You are granted a limited revocable license to print or download content from the website for your own personal, non-commercial, non-transferrable, informational, and educational use only while ensuring it’s not in violation of any copyright, trademark, intellectual property, or proprietary rights. You agree not to copy, duplicate, steal, modify, publish, display, redistribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent, or license any part of the content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws, and intellectual property rights and shall be solely responsible for any violations of these terms.

User Content and Lawful Use of The Website

For any content or information that you upload, display, post, transmit, send, email, or submit to us on the website or on any of our social media sites, warrants that you are the owner of that content or have expressed permission from the owner of those intellectual property rights to use and distribute that content to us. You grant us and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any content provided by you on our website and on any of our social media sites for any purpose.

You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or other proprietary rights of any content or information that you provide to us. You agree not to upload, display, post, transmit, distribute, send, email, or submit to us on the website or on any of our social media sites any information or content that is:

(a) illegal, violates or infringes upon the rights of others,

(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,

(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,

(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software, or any other harmful information that is actionable by law,

(e) any attempts to gain unauthorized access to any portion or feature of the website, and

(f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these terms.

Affiliate and External Links

The website may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our terms.

You agree that we are not responsible or liable for any information presented on these third party websites. You assume all risks for using these third party websites or resources and any transactions between you and these third party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these websites or resources.

Use of Paid and Free Products

We may provide free products for download as well as sell paid programs, courses, physical and/or digital products, and any other related materials (collectively, “products”). All of our products and services, including all content, are copyright protected under US and international copyright laws. You are granted a limited revocable license to print or download content from our digital products for your own personal, non-commercial, non-transferrable, informational, and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. Copying or storing our content for other than personal use is prohibited without our prior written consent.

You acknowledge and agree that you do not have the right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any way exploit our products. You cannot sell or redistribute any of our products, whether free or paid without our express written consent. You agree to abide by the copyright, trademark laws, and intellectual property rights and shall be solely responsible for any violations of these terms.

Termination

We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke, and terminate your use of our website including any or all content published by you or us at any time for any reason, without notice.

No Warranties

ALL CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES PROVIDED ON THIS WEBSITE. THE COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT, OR ERROR-FREE. THE COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

Limitation of Liability

You agree that under no circumstances, we or any of our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all information presented here.

You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of any information you provide us, personal and business related. You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us shall not be liable to you for any damages resulting from

1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks, including virus, hacking of information, and any other system failures;

2) any loss of income, use, data, revenue, profits, business, or any goodwill related to the website;

3) any theft or unauthorized access by any third party of your information from the website regardless of our negligence; and

4) any use or misuse of the information, products, and services offered here.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort, or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here. You also accept that no particular results are being promised to you here.

Indemnification

You agree to indemnify and hold the company and/or its officers, employees, successors, shareholders, joint venture partners, or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings, or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from:

(a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees, or representatives;

(b) all your actions and use of the website, including purchasing products and services;

(d) violation of any terms of this website by you or anyone related to you;

(e) infringement by you or any other user of your account of any intellectual property or other rights of anyone.

The company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability, or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

Waiver of Class Actions

You agree that any dispute arising from or related to this agreement will be resolved solely between you and the company. You waive your right to bring a class action against us and agree not to bring claims against us as a member of a class or as a representative.

Complete Agreement

These terms, including our privacy policy and disclosure, constitute the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations, or proposals we may have had with you whether electronic, verbal, or written.

A printed version of this entire agreement, including our privacy policy, disclosure, and any notice given in electronic form, shall be admissible in judicial or administrative proceedings with respect to the website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

Severability

If any provision in these terms is deemed by a court, regulatory authority, or other public or private tribunals of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this agreement. The remainder of this agreement remains in full effect, and is modified to any extent necessary to give such effect to the remaining provisions to only such extent.

Modifications

We reserve the right, in its sole discretion and without notice, to:

(a) revise these terms;

(b) modify the website and/or any products or services we may offer; and

Any changes to these terms will take effect immediately. You agree to review these terms and any other policies posted to the site on a regular basis to be aware of any changes. You agree to be bound by any revisions with your continued use and access to the website, before and after these modifications.

Acknowledgment

By using any of our products, services, or accessing the site, you acknowledge that you have read and agreed to be bound by these terms.

Contact Us

If you have any questions, please email us at momssunnywindow[@]gmail.com.