Privacy Policy/Terms of Use

Privacy Policy

This Privacy Policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. We reserve the right to modify, alter, or otherwise update this policy at any time, and we encourage you to check back periodically so that you are always aware of the most current policies and practices that mommytrain.com has in place to protect your personally identifiable information . This policy is effective from June 2013.

Information We Collect

Personally Identifiable Information: We may collect personally identifiable information from you, including your name, email address, physical address, phone number, payment card information and gender when you engage in any of the following activities: order mommytrain.com products through our website; sign up to receive promotional materials via mail or email; or participate in a contest, promotion or survey. Some of the personally identifiable information we collect from you, including your name, address, phone number, email address, and payment card information, is required in order to process your online purchases, respond to your requests, and contact you about your online purchases, if necessary. We may collect information regarding your personal or professional interests, demographics, past experience with mommytrain.com products and services, detailed contact preferences or other personally identifiable information. We may also collect publicly available information about you from other sources, such as information from newspapers, blogs, and commercial websites or third party data aggregators; we may use such information to supplement your personally identifiable information maintained by us. We may also collect personally identifiable information that you voluntarily disclose on the website, absent any request from us.

Automated Information:

When you visit the mommytrain.com website, our web servers may automatically collect information that describes how our visitors use and navigate our website. This information includes the number and frequency of visitors to each web page and the length of their stays, as well as the information that your web browser automatically sends to us, such as thedate and time of your visit, your IP address, the web pages and images that you request, the search engine you used to access the website, previous websites you viewed, the type of Internet browser you use, the computer operating system you use. Examples of other non-personally identifiable information that we may collect include your purchases, cookies, web beacons and information concerning your food preferences. This enables us to enhance your browsing and shopping experience by tailoring information to fit your personal preferences.

Use of Cookies

On occasion, we may gather information about your computer for our services and to provide statistical information regarding the use of our website to our advertisers.  Such information will not identify you personally it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever.

Similarly to the above, we may gather information about your general internet use by using a cookie file. A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. All computers have the ability to automatically accept or decline cookies. This can be done by activating the setting on your browser which determines how to deal with cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our website. Our advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our website.

Use of Your Information

The information that we collect and store relating to you is primarily used to enable us to provide our services to you. We may also use information you provide to us for a variety of:

1. To meet our contractual commitments to you.

2. To notify you about any changes to our website, such as improvements or service/product changes, that may affect our service.

If you are an existing customer, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you.  Further, we may use your data so that you can be provided with information about unrelated goods and services which we consider may be of interest to you. We may contact you about these goods and services by any of the methods that you consented at the time your information was collected.

If you are a new customer, we will only contact you or allow third parties to contact you only when you have provided consent and only by those means you provided consent for.  If you do not want us to use your data for our or third parties you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data.  Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors.

Storing Your Personal Data

Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into on our site will be encrypted to ensure its safety. The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential, safe and secure, and notifying mommytrain.comif your username or password are in any way used by another person, transmitted, shared, compromised, or tampered with in any way.

Disclosing Your Information

Where applicable, we may disclose your personal information to any member of our group. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any). We may also disclose your personal information to third parties:

1. Where we sell any or all of our business and/or our assets to a third party.

2. Where we are legally required to disclose your information.

3. To assist fraud protection and minimize credit risk.

California Privacy Rights (For California Residents)

California law gives California residents the right to ask us for a notice describing the categories of personally identifiable information we share with third parties or affiliates for their direct marketing purposes. The notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it has been shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please contact us through one of the communication methods described below in the “Contact Information” section. Please allow 30 days for a response.

Third Party Links

You might find links to third party websites on our website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.

Access To Information

Should you wish to receive details that we hold about you please contact us using the contact details below.

Contacting Us

We welcome any queries, comments or requests you may have regarding this Privacy Policy. Please do not hesitate to contact us at info@mommytrain.com.

Your Consent

By using the website, you signify your assent to our privacy policy. If you do not agree with this privacy policy, please do not use our website. Your continued use of this website following posting of changes to these terms will mean you accept those changes.

We reserve the right to make changes to this policy. Any changes to this policy will be posted.

Terms and Conditions of Use

Welcome to mommytrain.com (hereinafter referred to as the “Site”). By using, assessing and visiting this Site you agree to follow the Terms and Conditions (hereinafter referred to as the “Terms”) of this Site. We may update these Terms of Use from time to time to reflect new practices or technologies that impact use of the Site. We recommend that you review these Terms of Use on a routine basis to view any changes. The date of the last revision or update appears at the top under the title.

Ownership and Use of Site Information

As a visitor of the Site, you may view, copy, download and print documents and images from this Site so long as this use is exclusively for personal and non-commercial purposes. You may not access or use the Site, or any portion of it, for any purpose other than to view the Site Content and make personal use of the services provided on the Site in accordance with these Terms of Use. As such, we authorize you to view or download a single copy of the Site Content solely for your personal, non- commercial use and non-competing use. You must not, however, delete or alter any copyright or other notice we place on any such Site Content. All rights not expressly granted herein are reserved.

You may not use, display, download, upload, transmit, publish, post, distribute, copy, print or alter any information from this Site in whole or in any part without the express written permission of mommytrain.com except whereas specifically allowed under federal and state copyright laws such as where usage constitutes fair use.

User Submissions

mommytrain.com welcomes submissions of photos, videos, stories and other content on our Forum page. If you do submit any content to us, you grant us an irrevocable, royalty-free, perpetual right to use that content in our discretion. This includes the royalty-free right to copy, display, perform, transmit, and create derivative and collective works of that Content, and allow our business partners and others to do the same (through multiple tiers). It also includes permission to use the image and likeness of you and any person depicted in any such content for all purposes, without compensation, and a waiver of any rights of attribution, integrity, publicity or privacy you and any person depicted in any such Content may have. You represent and warrant that any content you submit does not infringe or misappropriate any right of a third party and that you have the right to grant all rights granted in the preceding paragraph.

Changes to Site and Products

The Site Content as well as the products and services described within the Site are subject to change. Not all Site Content is available or intended for all geographic areas.

Prohibited Conduct

When using the Site, you may not: Reproduce, retransmit, publish, display, distribute, disseminate, sell, license, sublicense, transfer, rent, lease, broadcast, timeshare, loan, disclose or otherwise make available the Site, the Site Content, or any part thereof, to any third party.

Modify, translate, adapt, alter, reverse engineer or create derivative works based upon the Site, the Site Content, or any part thereof.

Post or communicate any material that is unlawful, harmful, threatening, vulgar, indecent, obscene, defamatory, profane, libelous, harassing, abusive, embarrassing, disparaging, tortuous, infringing, fraudulent, deceptive, hateful, sexually explicit, racially or ethnically objectionable or otherwise objectionable or encouraging of conduct that would constitute a criminal offense or give rise to civil liability.

Post or communicate any material that violates the privacy or publicity rights of another individual, or post, communicate or collect information about other individuals, including personal information and images, without their consent.

Post or communicate any material that would violate any copyright, intellectual property right, or any other right of any entity or individual. Before posting or quoting any content that is owned or protected by a third party under intellectual property laws, a User must obtain all necessary consents or permissions from the owner of the protected content.

Post or transmit materials that contain viruses, malicious code, corrupted files or that may damage the operation of the Site or engage in any activity that circumvents any security features or otherwise interferes with or disrupts any features of the Site,which includes, but is not limited to the use of web robots, crawlers, wanderers and spiders or any product, browser or browser feature that significantly accelerates the speed of page downloads, such as NetJet, NetSonic, MSIE Crawler or Teleport-Pro.

Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam, phishing or unsolicited mass communication distribution.

Remove any proprietary notices, labels, trademarks or service marks on the Site or any part thereof.

Violate any applicable laws or regulations or promote or encourage illegal activity.

Limited License to Assess and Use Materials for Blogs and Bloggers

mommytrain.com grants a limited license for bloggers to use, download, copy, publish and print materials and content (but NOT photographs or any other images or graphics)that may appear on the Site for use on their blog ONLY. This is a limited license granted only for this specific use, including any restrictions and carve-outs contained in this policy.  Any blog or blogger wishing to use content or materials from this Site have an exclusive limited license to do so, if and only if appropriate attribution to and links are made to the Site and mommytrain.com. If this attribution and/or links to the Site and mommytrain.com are NOT made for any reason, including accidental or intentional reasons, or reasons beyond the scope of the blog or blogger such as server, hosting or other assess or use issues on the part of the blog or blogger, mommytrain.com reserves the right to revoke this limited license at any time. Such use of the materials and content made by the blog or blogger under this limited license must be ceased as soon as possible.

ANY AND ALL OTHER MATERIAL AND CONTENT ON THIS SITE AND ANY OTHER SITE THAT mommytrain.com CONTRIBUTES TO, POSTS TO, INLCUDING OTHER BLOGS, SITES LIKE FACEBOOK, PINTREST, TWITTER, ETC ARE COPYRIGHTED BY mommytrain.com AND USE IS PROHIBITED except for the uses specifically allowed. Photographs, images and graphics are ALWAYS protected by copyright and any limited license granted by mommytrain.com does not grant, allow or in any way permit use, copy, download, or dissemination.

Updates and Revisions to the Terms

mommytrain.com reserves the right to update, modify, change, clarify and add to the Terms at any time without prior notice. If you have any questions about these Terms, please contact mommytrain.com.

Terminations of Use

At any time and for any reason, mommytrain.com may terminate and deny assess to the Site and any account(s) that you may have in connection with the Site. Assess to and use of the Site may be monitored by mommytrain.com for compliance with these Terms and other purposes.

Security

If you create an account on the Site, you agree to protect and maintain confidentiality of your username and password. You agree not to share your username or password with any other user, event attendee, mommytrain.com member, potential member or competitor. You are fully responsible for any and all actions that take place using your username or password. If for any reason your username or password are compromised, altered with or otherwise become unsecure, you must notify mommytrain.com as soon as possible.

Indemnification

You agree to defend, hold harmless and indemnify mommytrain.com, it’s owners, officers, directors, shareholders, investors, employees and agents from any and all claims, lawsuits, damages, liabilities, losses, expenses or other issues arising out of you assess to and use of the site, including reasonable attorney’s fees and court costs.

Links to Other Sites

The Site, and any content posted to message boards, may contain links to third party websites, which are governed by the terms of use and privacy polices of their owners and operators (“Linked Sites”). Linked Sites are not under the control of mommytrain.com is not responsible for their contents. These links are provided only as a convenience, and presence of a link does not imply endorsement of the Linked Sites by mommytrain.com or any association with its operators. mommytrain.com is not responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites.

NO WARRANTIES

THE SITE AND ALL THE CONTENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. mommytrain.com AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON- INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. mommytrain.com AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITE, DO NOT WARRANT THAT THE SITE OR SITE CONTENT ARE ERROR OR VIRUS FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. mommytrain.com AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITE, DO NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY, OF THIRD PARTY CONTENT AND NO USER SHALL HAVE ANY REMEDY AGAINST mommytrain.com WITH RESPECT TO THE SAME.

mommytrain.com makes no representations or warranties as to the information, content, ideas, opinions, pictures or images published or posted on this Site for any purpose, use or convenience. All information, images, pictures, stories, articles, interviews and images are posted “as is” without any applicable warranties or guarantees of any kind, express or implied. mommytrain.com hereby disclaims any and all warranties, guarantees or promises of any kind with regard to the content of the Site, including copyright, trademark, patent, fitness for use, merchantability, title or license. mommytrain.com makes no promise or guarantee that the content contained on this Site is accurate, reliable or true, that the images correctly show an event, product, idea or other description, the Site contains no errors, that all links work, that the site will experience no disruptions, that use will always be available, the site is secure from third parties or the Site will fit your needs.  Any and all use of the site including content, information, pictures, images, opinions, ideas and other materials is done at your own discretion and risk, including materials downloaded, copied or taken from the Site. mommytrain.com has no responsibility for any harm, damage or any other liability for the loss of information or data to your computer, software, iPad, tablet, phone or other electronic or communications device from use of the site, downloads, copies or assess to the Site.

In absolutely no event shall mommytrain.com be responsible for any damages whatsoever, whether actual, direct, punitive, special or consequential, including but not limited to the loss of assess to the site, data, software, pictures, profits, computer, electronic or communications device arising out of your use of the Site, be the action tort, contract and criminal in nature. As some jurisdictions do not allow this limitation of liability, so this exclusion may not apply to you.

Complaints

You understand that by using this Site or any materials or services provided in the Site, you may encounter Site Content that may be deemed by some to be offensive,  indecent, or objectionable, which Site Content may or may not be identified as such. You agree to use the Site and any related materials or services at your sole risk and that we will have no liability to you for Site Content that may be deemed offensive, indecent, or objectionable. All complaints should be sent to us at info@mommytrain.com

Partnership Disclaimer

When free content is provided to mommytrain.com for distribution to its members and participants at mommytrain.com-sponsored events, that free content – including, but not limited to, any free services, products and/or samples – that free content will clearly be marked and marketed as content provided by “partners.”  “Partners” may elect to have their logos posted on mommytrain.com’s website, Facebook Page, event flyers and other promotional material, and E-mail Blasts ONLY. mommytrain.com has the sole discretion and is not obligated to post an advertisement or banner on its website and to write a product review or article of any free content.

Sponsorship Disclaimer

If mommytrain.com has been financially compensated by any company to post an advertisement or banner, to write a product review or article, and/or to giveaway samples or raffle products, the content will be clearly marked and marketed as “sponsored” services and/or products.

CONTACT US

If you have any questions about these Terms of Use please contact us at info@mommytrain.com

mommytrain.com‘s Attendees Release of Liability, Indemnity Agreement and Assumption of Risk

In consideration of being permitted by mommytrain.com LLC (hereinafter “MMT) to participate in its activities, events and facilities, now and in the future, you (hereinafter “Event Attendees and Participants” ), as parent or legal guardian of the minor (hereinafter “Minor”), hereby grant the permission necessary to allow Minor to participate in MMT activities, events and event locations and agree with all the terms of the is Release of Liability, Indemnity Agreement and Assumption of Risk (hereinafter “Agreement”. You, in your own behalf and on behalf of Minor, further agree to release, indemnify and discharge MMT, its agents, owners, shareholders, directors, partners, sponsors, venue’s owners, employees, volunteers, manufacturers, participants, lessors, successors and assigns (hereinafter “Released Parties”, on behalf of yourself, your spouse, your children, your parents, your heirs, assigns, personal representative and estate as follows:

1. You understand and acknowledge that the activity the Minor is about to voluntarily engage in as a participant bears certain known risks and unanticipated risks which could result in physical, emotional or mental injury, paralysis, illness or disease, death, or damage to Minor, to property, or to third parties. You understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities at MMT events.

2. You agree that this Release of Liability, Indemnity Agreement and Assumption of Risk Agreement is made on behalf of that Minor participant and that all of the releases, waivers and promises herein are binding on that Minor participant to this Agreement.

3. You expressly agree and promise to accept and assume all of the risks existing in MMT activities and events on behalf of the Minor. The Minor’s participation in this activity is purely voluntary and you elect to have Minor participate in spite of any and all risks.

4. You hereby voluntarily release, forever discharge and agree to defend, indemnify and hold harmless MMT and all Released Parties from any and all claims, demands, or causes of action, which are in any way connected with Minor’s participation in any and all MMT activities, events at locations, including any such claims which allege negligent acts or omissions of Released Parties.

5. You indemnify and save and hold harmless MMT and the Released Parties against any loss, liability, damage or cost that may incur arising out of or in any way connected with the Minor’s participation on MMT activities and events.

6. Should MMT or anyone acting on its behalf, be required to incur attorney’s fees and costs to enforce this agreement, you agree to indemnity and hold them harmless for all such fees and costs. This means that you will pay all of those attorney’s fees and costs myself.

7. You certify that you have adequate insurance to cover any injury or damage that Minor may cause or suffer while participating in all MMT activities and events, or else I agree to bear the costs of such injury or damage to Minor myself. You further certify that you are willing to assume the risks of any medical or physical condition that Minor may have.

8. You expressly agree that this Agreement is governed by the State of California and is intended to be as broad and inclusive as permitted by California law, and that that in the event any portion of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall no be affected or impaired in any way and shall continue in full legal force and effect. In the event that you file a lawsuit against MMT, you agree to do so solely in the State of California and you further agree that the substantive law of the State of California shall apply in that action without regard to the conflict of the law rules of that state.

9. You further agree to defend, indemnify and hold harmless MMT from any and all claims or lawsuits for personal injury, property damage or otherwise which are brought by, or on behalf of the Minor, and which are in any connected with such participation by the Minor, including injuries or damages caused by the negligence of Released Parties, expect injuries or damages caused by the sole negligence or willful misconduct of the party seeking indemnity.

10. By purchasing MMT event tickets and participating in any or all MMT activities and events, you acknowledge that you have had sufficient opportunity to read this entire Agreement, you understand it completely, you understand that it affects your legal rights, and you agree to be bound by its terms. You also agree if anyone is hurt or property damages during the Minor’s participation in MMT activities and events, you may be found by a court of law to have waived yours or the Minor participant’s right to maintain a lawsuit against MMT and the Released Parties on the basis of any claim from which you have released them herein.