1. Introduction
ForEveryMom.com (“ForEveryMom”) is a website domain owned and operated by Outreach, Inc. (“Outreach”) that provides faith-based and inspirational stories, photographs, and videos for moms (“Content”) and allows its users (“User(s)”) to subscribe to receive such Content by email.
Upon using ForEveryMom, User enters into a legally binding agreement (“Agreement”) with Outreach and agrees to all of the terms of service set forth below (“Terms of Service”) as well as the Outreach Privacy Policy found here.
Please read this agreement carefully in its entirety before using ForEveryMom. If User has any questions regarding this Agreement or its terms, please contact Outreach by email at: [email protected].
2. User Representations
Users represents that User is (1) 18 years of age or older, or (2) 13 years of age or older and has obtained parental or guardian consent to enter this Agreement and use ForEveryMom and its services.
User represents that any email address User provides to ForEveryMom is User’s own email address. User will not provide information to ForEveryMom related to a third party without that third party’s knowledge and consent.
User agrees that ForEveryMom can use the processor, bandwidth, and storage hardware on User’s computer, mobile device, tablet, wearable device, speaker, or any other device User utilizes to access ForEveryMom in order to (1) facilitate the operation of ForEveryMom, (2) provide advertising and other information to User, and (3) allow Outreach and Gloo, LLC, its partners, subsidiaries, and affiliates (collectively, “Gloo”) to do the same.
3. Proprietary Rights and Copyrights
User acknowledges that ForEveryMom contains Content that is protected by copyright, trademark, patent, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
User acknowledges that all right, title, and interest in and to ForEveryMom and its Content, including without limitation, any and all trademark, copyright, and any other intellectual property rights therein remain vested in and with Outreach, and nothing contained herein shall be construed to convey any rights or proprietary interest to User. User agrees to be bound by the copyright laws of the United States and international copyright treaties.
4. Disclaimers and Limitation of Liability
Outreach makes no warranties about ForEveryMom of any kind, whether express, implied, or statutory. To the extent allowable by law, Outreach disclaims any express, implied, and statutory warranties regarding the Content contained on ForEveryMom, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non- infringement. Outreach does not warrant that ForEveryMom will offer uninterrupted service or will be error-free. Outreach does not warrant the accuracy of the captioning, keywording, or any other information associated with the Content on ForEveryMom. For as long as Outreach continues to offer ForEveryMom and its services, Outreach may seek to update, improve and expand the services provided by ForEveryMom. As a result, Outreach allows Users to access ForEveryMom as it may exist and be available on any given day and has no other obligations, except as expressly stated in these Terms of Service. Outreach may modify, replace, refuse access to, suspend or discontinue ForEveryMom or its services, partially or entirely, in its sole discretion. All of these changes shall be effective upon ForEveryMom’s posting of the same on its website or by direct communication to Users, unless otherwise noted. Outreach reserves the right to withhold or remove any Content from ForEveryMom at any time, with or without notice, if deemed by Outreach to be contrary to these Terms of Service. For avoidance of doubt, Outreach has no obligation to store, maintain or provide a copy of any ForEveryMom Content, except as set forth in the Outreach Privacy Policy.
ForEveryMom may include advertisements for, make offers regarding, and/or provide hyperlinks to third-party websites, products, and services. Outreach is not responsible for the websites, products, and services provided by such third parties.
Under no circumstances shall Outreach, its officers, directors, employees, contractors, or agents be liable for any direct, indirect, incidental, special, or consequential damages that result from any User’s use of, or inability to use, ForEveryMom, or any mistakes, omissions, interruptions, deletions, errors, defects, viruses, delays in operation or transmission, theft, destruction, unauthorized access, or any other failure of ForEveryMom to perform under this Agreement.
5. Indemnification
User agrees to indemnify, defend, save and hold harmless Outreach, its officers, directors, employees, contractors, and agents, to the fullest extent allowed by law from and against any and all liabilities, demands, suits, claims, actions, arbitrations, administrative
proceedings, awards, judgments, losses, fines, penalties, or damages (including, without limitation, attorneys’ fees, investigative fees, expert fees, and costs) arising out of or in connection with User’s use of ForEveryMom and any breach by User of User’s obligations under this Agreement. The terms of this section shall survive the expiration or earlier termination of this Agreement.
6. Termination
Outreach, in its sole discretion, may terminate any User’s email subscription at any time and for any reason, with or without notice.
User may terminate his or her email subscription by sending a request to [email protected], or by clicking the unsubscribe link in any email User receives from ForEveryMom.
Section 3 (“Proprietary Rights and Copyrights”), Section 4 (“Disclaimers and Limitation of Liability”), and Section 8 (“Miscellaneous Terms”) shall survive termination of this Agreement.
7. Changes to Terms of Service
Outreach may amend the Terms of Service at any time and may notify Users by posting an updated version of the Terms of Service on ForEveryMom. Continued use of ForEveryMom after an amended Terms of Service has been posted shall constitute User’s consent to such changes.
8. Miscellaneous Terms
These Terms of Service constitute the entire agreement between User and Outreach concerning User’s use of ForEveryMom and its services. In the event of any inconsistency between the Terms of Service and the terms contained in any purchase order or other communication sent to User by Outreach, the terms of this Agreement shall prevail.
Should any clause of this Agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
Any failure by Outreach to enforce these Terms of Service or any provision thereof shall not constitute a waiver of Outreach’s right to do so.
The validity of this Agreement and the interpretation and performance of all of its terms shall be governed by the laws of the State of Colorado. User hereby irrevocably agrees to submit to the personal jurisdiction and venue of any state or federal court located in the
County of El Paso, State of Colorado, and expressly waives any claim or defense that such forum is not convenient or proper for purposes of any action arising under this Agreement. The parties hereto waive any right they may have to a jury trial.
User recognizes that the Content available on ForEveryMom possess a special, unique and extraordinary character which makes it difficult to assess the amount of monetary damages Outreach might sustain by any unauthorized use of the Content. User agrees that irreparable injury would be caused to Outreach by such unauthorized use, and that injunctive relief would be appropriate in the event of a breach of this Agreement.
If after notice to User, User fails to take any action which User is obliged to take under the terms of this Agreement, Outreach shall have the right and option, but not the duty, to bring an action for specific performance to compel such action by User, and shall be entitled to recover all reasonable costs, expenses, attorney's fees and disbursements with respect thereto if such specific performance is awarded by a court of competent jurisdiction.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns.