Terms and Conditions

Last Updated: May 2, 2011

Terms of Use | Terms of Sale

PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF THE MOM.COM WEBSITE CAREFULLY. THESE TERMS OF USE GOVERN YOUR USE OF THE MOM.COM WEBSITE AND ALL SERVICES OFFERED THROUGH THE WEBSITE.

Terms of Use

Acceptance of Terms of Use

These Terms of Use ("TOU") apply to all users of the Mom.com website owned by CMI Marketing, Inc. (the "Site"). The term the "Site" as it is used in these TOU includes access via any wireless device. By using this Site, you agree to the TOU, as well as additional terms applicable to the Site, including without limitation the Mom.com Privacy Policy, which are incorporated by reference into these TOU and made a part hereof. This Site is maintained for the benefit and participation of individual members only. Mom.com reserves the right, at its sole discretion, to change, modify add or delete any of our TOU, Privacy Policy or other terms at any time without further notice. If we do this, we will post the most current version of the TOU on the Site with a new Effective Date shown at the top of this page. All such changes in the TOU shall be effective from the Effective Date set when it is posted on the Site. Your continued use of the Site after we post any changes to the TOU signifies your agreement to any such changes, modifications or deletions. If you do not agree to these TOU, you must discontinue using the Site and terminate your membership in Mom.com. It is your responsibility to regularly check the Site to determine if there have been changes to these TOU and to review such changes.

This Site is owned and operated by CMI Marketing, Inc. All references to “Mom.com” herein shall be deemed to include CMI Marketing, Inc.

Website Access

MOM.COM IS A SITE ON THE WORLD WIDE WEB CONSISTING OF INFORMATION SERVICES, CONTENT AND TRANSACTION CAPABILITIES OFFERING VOUCHERS (“VOUCHERS”) FOR SPECIAL DEALS THAT YOU CAN BUY FROM LOCAL AND NATIONAL MERCHANTS. TO USE THE SITE AND THE SERVICES OFFERED, YOU MUST BE AT LEAST 18 YEARS OLD OR OLDER. BY ACCESSING THIS SITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18 YEARS OF AGE. USE OF THE SITE AND THE SERVICES IS VOID WHERE PROHIBITED.

Registering as a Member

You do not have to be a Mom.com member to use this Site. However, you are required to register with Mom.com in order to access and use certain features and services that Mom.com offers, including the ability to purchase Vouchers (the "Services"). Registration is free. When you register with Mom.com, you will be asked to provide us with your name, email address and other information that we may request, all of which will become part of your profile ("Profile Data"), and which you can add to or change from time to time. You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update the Profile Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or Mom.com has reasonable grounds to suspect that you have, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof). You agree to immediately notify Mom.com of any unauthorized use of a member's account or any breach of security, including loss, theft, or unauthorized disclosure of member's password. Members should be cautious about sharing their account information with third parties. Each member is responsible for the confidentiality of her/his password and all usage or activity on her/his account, including use of the account by any third party, whether or not such use is authorized by the member. Registration data and certain other information about you are protected and governed by the Mom.com Privacy Policy.

How You Can Use the Services

This Site and the Services offered are intended for your personal, noncommercial use in accordance with these TOU. You agree that you will not:

copy, display or distribute any part of the Site, in any medium, without Mom.com's prior written consent;
alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose;
use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by Mom.com;
take any action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment;
distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component;
harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or
violate any applicable local, state, national or international law, or any regulations having the force of law.

User Submissions

By submitting content to the Site, you grant to Mom.com and its successors in business a perpetual, worldwide, royalty-free, fully paid up, transferable, sublicenseable, irrevocable and non-exclusive license to reproduce, distribute, transmit, store, modify, edit, display, adapt, create derivative works from, and otherwise use, market and promote the content, for any purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the content without your prior approval or the payment of any compensation.

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE:

Mom.com has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Mom.com reserves the right to remove any content posted or uploaded to the Site by any user (“User Content”) which allegedly constitutes copyright infringement or a violation of intellectual property rights. Mom.com is under no obligation to, and does not, scan content posted for any violations of third party rights, however, Mom.com respects the intellectual property interests of others and it is its policy not to permit materials known by it to infringe another party's intellectual property rights to remain on the Site or the Service. If you believe any materials on the Site or the Service infringe a copyright or otherwise violate intellectual property rights, you should provide Mom.com with written notice that at a minimum contains:

A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work or other intellectual property claimed to have been infringed;
Identification of where the material that is claimed to be infringing is located with enough information reasonably sufficient to permit us to locate the material;
Your address, telephone number, and, if available, an electronic mail;
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 intellectual property owner, its agent, or the law; and
A statement you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright or intellectual property.

All DMCA notices should be sent to our designated agent as follows:

Mom.com
Attn: Legal Department
401 Park Ave S, 5th Floor
New York, NY 10016

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within New York County, New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Mom.com will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Mom.com’s sole discretion.

Repeat Infringer Policy: In accordance with the Act and other applicable law, Mom.com has adopted a policy of terminating, in appropriate circumstances and at Mom.com’s sole discretion, members who are deemed to be repeat infringers. Mom.com may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Proprietary Rights

The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by Mom.com or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. Mom.com owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site. Mom.com and its logos are trademarks of CMI Marketing, Inc. and are protected by state and federal laws. All other trademarks appearing on this Site ("Marks") are trademarks of their respective owners, including Mom.com and its partners. Users are prohibited from using any Marks without the written permission of Mom.com or such third party that may own the Marks. Content on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without Mom.com's prior written consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material You may download content for your personal, non-commercial use only as provided in these TOU, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.

No License Granted.

Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Mom.com. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER MOM.COM PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.

Age Requirements

You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to register for Mom.com and to use the Services.

Communications from Mom.com

By registering for Mom.com, you will receive online communications from Mom.com. You may also sign up for online communications from Mom.com by just providing your email address and not registering. In either case, to unsubscribe from any Mom.com email list, simply click on the "Unsubscribe" link at the bottom of the email and your name will be removed from that mailing list.

Links to Third Party Websites

The Site, or members, may provide links to other sites or resources on the Internet. Because Mom.com has no control over such sites and resources, you acknowledge and agree that Mom.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that Mom.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Indemnity/Release

You understand that you are personally responsible for your behavior while on the Site and agree to release, indemnify and hold Mom.com, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any and all losses, damages, liabilities and expenses of any kind including attorneys' fees, rights, claims, actions of any kind and injury arising out of or related to any products or services purchased by you in connection with the Site or the Services and in connection with a third party claim or otherwise, your use of the Services or access to the Site, or your violation of either these TOU, applicable law or the rights of any third party.

In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.

Disclaimer of Warranties

Mom.com is not responsible for printing or typographical errors in the offers presented on the Site, for lost, stolen, late, or misdirected items, for transactions or emails that are lost, misdirected, fail to enter into the processing system or are processed, reported or transmitted late or incorrectly or are lost for any reason, including computer, telephone, paper transfer, human or other error, or for electronic, computer or telephonic malfunction or error, including the inability to access the Site or Services or process any transaction.

YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT MOM.COM MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT MOM.COM DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN INTERACTIONS WITH ANY MERCHANTS ACCESSED THROUGH THE SITE OR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, MOM.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.

IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. TO THE FULLEST EXTENT PERMITTED BY LAW.

Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOM.COM OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF MOM.COM HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.

IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10).

Access Restrictions; Termination

You agree that Mom.com, in their sole discretion, can suspend or terminate your membership in Mom.com and your access to the Site or the Services, in whole or in part, at any time, immediately and without notice for any reason, including without limitation, if you fail to comply with any of the TOU or any other agreement or terms applicable to the Site or the Service. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the TOU shall survive.

Termination of your registration will result in cancellation of all rights of access and use granted to members. Mom.com reserves the right to change, discontinue or suspend Mom.com or any of the Services at any time for any reason. Members may terminate their registration at any time by sending their request to us, using the "Contact Us" button on any page of the Site. Mom.com shall be the sole determiner in cases of suspected abuse, fraud, or breach of these TOU. Any decision Mom.com makes relating to termination or suspension of any member's account shall be final and binding. You agree that we may terminate, modify, discontinue or abandon the Site with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this agreement is terminated for any reason, the provisions titled Proprietary Rights, No License Granted, Indemnity, Disclaimer of Warranties, Liability Disclaimer, Access Restrictions; Termination, Privacy, Governing Law and Miscellaneous shall survive any such termination.

Privacy

This Site is governed by the terms and conditions set out in our privacy policy: www.mom.com/about/privacy.

Governing Law

These TOU are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Mom.com for any violation of Mom.com's proprietary or other rights, any and all disputes relating to these TOU, your use of the Site or the Services shall be resolved solely and exclusively by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be New York, New York, USA.

Miscellaneous

These TOU are the entire agreement between you and Mom.com. They supersede any and all prior or contemporaneous agreements between you and Mom.com relating to your use of the Site or the Services. If any part of these TOU is determined to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect. The failure of Mom.com to partially or fully exercise any rights or the waiver of Mom.com of any breach of these TOU by you, shall not prevent a subsequent exercise of such right by Mom.com or be deemed a waiver by Mom.com of any subsequent breach by you of the same or any other term of these TOU. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Services or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The rights and remedies of Mom.com under these TOU and any other applicable agreement between you and Mom.com shall be cumulative, and the exercise of any such right or remedy shall not limit Mom.com's right to exercise any other right or remedy.

The Mom.com website is owned and operated by CMI Marketing, Inc. which also owns the Mom.com trademark. Our principal business offices are at 401 Park Avenue South, 5th floor, New York, New York 10016.

Terms of Sale

Mom.com allows consumers to buy vouchers (hereinafter “Vouchers”) from participating merchants (“Merchants”) to be used in exchange for goods and services at a discount from the actual cost. You are required to create an account with Mom.com in order to purchase a Voucher.

Long Story Short (but read the Details for more information!)

You’re always entitled to a credit from the Merchant for the amount you paid for the Voucher – the promotional part is only valid until the expiration date. The Merchant is the one selling you the Voucher and the goods and services. The Merchant is solely responsible for redeeming any Voucher you purchase. Mom.com just runs the website that lets you buy the Voucher. There are a few things that you can’t use your Voucher to pay for, but most of them are obvious (tax, tips, etc.). Read the “Deal Details” on the Voucher to know any more specifics.

The Details

Vouchers consist of two components, the first component is equal to the amount you paid, and the second component is equal to the promotional value of the Deal. According to applicable laws, the promotional component must be used by the expiration date on the Voucher, after which that component may be void. For a period of time after the expiration date of the Voucher, however, depending on applicable law, you may still be able to redeem the Voucher for the amount you actually paid for the Voucher. If you have an expired Voucher and would like to redeem it for the amount you paid for it, please contact the Merchant. If applicable law requires it, the Merchant should allow such redemption. If the Merchant refuses to redeem the amount you paid for the Voucher after the expiration date, please contact Mom.com and explain your situation in writing. Mom.com will provide you with a credit for the remaining amount you paid for the Voucher. When you redeem a Voucher in part, the purchase is allocated first against the paid component until its balance reaches zero and then against the promotional component.

The Merchant is the seller and issuer of the Voucher, not Mom.com, Mom.com is acting an agent for the Merchant. The Merchant is fully and solely responsible for redeeming the Voucher for purchase, as well as any claims the customer may have resulting from use of the Voucher.

If a Merchant refuses to redeem your Voucher, please contact Mom.com by using the Contact Us form as you may be entitled under applicable law to receive a refund.

Universal Terms of Sale for All Vouchers

Unless otherwise stated in the Voucher or required by law, all Vouchers have the following terms and conditions:

Vouchers have no cash value;
No cash back for the unused portion of a partially redeemed Voucher, except as required by law;
Vouchers cannot be combined with other Vouchers, or other coupons or promotions;
Vouchers cannot be used for taxes, tips, prior balances, or shipping and handling;
The Voucher price does not include sales, use or value-added tax, any of which may be applied, as required by law, at the time the Voucher is redeemed;
Reproduction of Vouchers is prohibited unless done so in compliance with applicable law and terms of Mom.com;
Neither Mom.com nor the Merchant is responsible for lost or stolen Vouchers or Voucher IDs (i.e., the unique ID numbers printed on the Vouchers);
Use of a Voucher for alcoholic beverages is solely at the discretion of the Merchant and based on applicable law;
Issuance of credit for unused, expired or partially used Vouchers is at the sole discretion of the Merchant or as required by law;
any attempt to purchase or redeem Vouchers in a means inconsistent with these Terms of Sale or the Terms of Use will render all Vouchers void and may lead to the suspension of the user’s ability to purchase future Vouchers;
limit one Voucher per redemption.

Specific Terms of Sale for Vouchers

Each Voucher will have its own specific Terms of Sale that will be printed on the Voucher (referred to as “Deal Details”). Any terms on the Voucher supersede contradicting terms in the Universal Terms of Sale.

Always tip based on the actual amount of what you bought and not the discounted price!