Southern Marin Mothers’ Club (SMMC) Membership Terms

 

Section 1: Acceptance of Membership Terms; Applicable Privacy Policies

 

SMMC Membership Terms
SMMC provides the SMMC Offerings to you subject to the following Membership Terms (as amended from time to time by SMMC) ("Membership Terms"). By accessing, using and/or continuing to use the SMMC Offerings, you accept and agree to be bound by these Membership Terms and any guidelines, rules or policies provided to you by SMMC in connection with the SMMC Offerings. SMMC reserves the right to modify these Membership Terms at any time by providing you notice (in writing or electronically). If you do not agree to the modified Membership Terms, you can cancel your membership within thirty (30) days of the notice If you cancel your membership in accordance with this section, your access rights to SMMC Offerings shall terminate (except that you may have access to the Public Site). If you do not cancel your membership within thirty (30) days then you are agreeing that the revised terms will apply prospectively from the date of our notice forward.

ClubExpress Terms of Use; Members Only Site
The Members Only Site is maintained and hosted by ClubExpress, (“ClubExpress”). Your use of the Members Only Site (defined below) is therefore also subject to the ClubExpress Terms of Use available at www.clubexpress.com.

Applicable Privacy Policies
Your Registration Data (defined below) and certain other personally identifiable information about you is subject to the SMMC Privacy Policy (stated below) and the ClubExpress Privacy Policy available at www.clubexpress.com, as such policies may be updated from time to time (collectively “Applicable Privacy Policies”). You agree to review the Applicable Privacy Policies and understand and agree that through your access and use of the SMMC Offerings (including the SMMC Sites) you consent to the collection and use of your data as set forth in the Applicable Privacy Policies.

SMMC's Privacy Policy
The SMMC Privacy Policy (covered in the next several paragraphs) addresses only the use and disclosure of information we collect from you. It does not cover the use of cookies or other tracking technologies by any third party, including ClubExpress, who maintains and hosts our Members Only Site. If you disclose your information, including personal profile information to others, whether they are group administrators, group members, third party advertisers or others, different rules may apply to their use or disclosure of the information you disclose to them. SMMC does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. If you leave our site through a link, it is your responsibility to read the privacy statements of each and every web site that collects personally identifiable information.

Information We Collect From Our Members
Sharing of the Information; Collection. As a member of SMMC, we collect and therefore have access to, all information, including any personal information you provide to us in connection with your membership (including, but not limited to, the information you provide in connection with your registration). The information we collect includes, but is not limited to, your name, your screen name, your gender, your birthday, your email address, your home address, your cell phone, your home phone, your work phone, your spouse/partner’s name, your children’s names, your children’s birthdate and age, pictures. (“Information”).

Use
We will only use your Information in connection with the SMMC Offerings and to provide you information regarding SMMC Offerings, our policies, other members, or third party offerings, which are made available to SMMC members. Except as described below, SMMC will not share your personal information.

Sharing
By joining SMMC, you consent to your Information being shared by SMMC with other members via the Members Only Site as described below. You control how much personal information you choose to share with other group members, within those parameters set by the group administrator.

1. Sharing with Other Members Outside of any Subgroups. Each and every member of SMMC has access to your screen name, profile picture, first name, last initial, gender, birth month and date, email address, and the city, state and zip of your home address.

2. Sharing with Other Members in Your Subgroups. There may be opportunities on the Members Only Site for you to opt-in and share personal information with members of certain subgroups, and you are required to join a subgroup. If you join a subgroup, e.g. a play group, the subgroup administrator determines how little or how much information will be shared with other members of your subgroup. The amount of information available to the members in your subgroup may be extensive. The leader of the subgroup may share any Information about you that they have received with the other members of the subgroup, which is likely to include your name, your screen name, your gender, birthday, email address, home phone, work phone, mobile phone, your home address, partner/spouse name, and the information about your children. If you are not interested in sharing your Information with other members of the subgroup, you may withdraw from a subgroup and your information will no longer be available to that subgroup.

3. Sharing Your Information with Third Parties. The SMMC Site is intended to allow you to share information with other members of SMMC. We do not provide contact information to third party marketers without your permission. However, we may share your data with trusted third parties only in limited circumstances where we believe such sharing is reasonably necessary to pay for or otherwise implement or offer the SMMC Offerings. For example, we may provide information to service providers who are hosting one of our SMMC Offerings as necessary.

4. Legal Requirements. SMMC may be required to disclose your Information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may use and share information when we believe it is necessary to protect our interests or property, to prevent potential fraud or other illegal or prohibited activity, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.

Changing and/Updating Your Information.
Access and control over the majority of personal information you make available over the Members Only Site is readily available to you through your account settings. The Members Only Site users may modify their personal profile information at any time by logging into their account. Information will be updated immediately. SMMC may maintain a copy of historical information for audit, legal or other purposes.

Section 2: Membership Criteria and Dues Payment for SMMC Events; Processing Payments.

Membership Criteria
To qualify for membership in SMMC, you must be the primary caregiver/parent of your child(ren) ages birth to fourteen years (or currently expecting); reside in Marin County (or be moving to the area soon); and be current on your payment of the relevant dues payable to SMMC for membership (unless dues have been waived due to financial hardship.) SMMC online community is not for children.

Membership Dues
Membership dues are paid on a rolling basis, renewed annually or biannually upon the anniversary of joining SMMC. Except to the extent explicitly stated herein, dues will not be refunded to a terminating member. If a member is not current with his or her dues, and a financial hardship exception has not been made by the SMMC Board, the member may be dropped from the membership roster and access to SMMC Offerings (other than the Public Site) may be terminated.

No refunds are provided for events planned that require payment unless the event is canceled. Upon registering and paying for yourself, your child(ren) and guests as applicable, should you be unable to attend, find your own appropriate replacement for the event from the then-current SMMC membership roster. You must inform the organizing committee of any changes to your registration.

Processing Payments
All online payments are processed ClubExpress or a similar third party payment processor. SMMC collects payment for membership dues and various planned events through Clubexpress. Accordingly, there may be third party fees associated with payments that are passed to you, and if so, they shall be disclosed to you.

Disputes
Any financial disputes shall be addressed and resolved at the sole discretion of the Board. Please contact the SMMC Treasurer at treasurer@southernmarinmoms.com and president@southernmarinmoms.com with any questions.

Section 3: SMMC Sites and SMMC Offerings

SMMC Offerings

SMMC provides its members with access to a rich collection of resources, including but not limited to access to: a members only online community and forum available through www.southernmarinmoms (“Members Only Site”) and a public online community available at www.southernmarinsmoms.com (“Public Site”) (collectively both sites shall be defined as “SMMC Sites”), certain SMMC, member, and third party provided content, newsletters, planned and/or sponsored activities, social, educational and other events, access to playgroups and vehicles for organizing and communicating with playgroups, various communications tools, event registration options, technology offerings, etc. (collectively the "SMMC Offerings").

Modifications to SMMC Offerings
SMMC reserves the right at any time and from time to time to modify, change, or discontinue, temporarily or permanently, certain portions of the SMMC Offerings with or without notice. You agree that SMMC shall not be liable to you or to any third party for any modification, suspension or discontinuance of any portion of the SMMC Offerings.

Messages; Communications
From time to time, SMMC will make service announcements, and or send out or post administrative messages and such communications and the SMMC newsletter are considered part of SMMC Offerings and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any changes, additions or new features that augment or enhance the current SMMC Offerings, shall be subject to these Membership Terms.

Access
You are responsible for obtaining access to the SMMC Offerings, and that access may involve third-party fees (such as Internet service provider, data, or airtime charges). You are responsible for those fees. In addition, you are responsible for all equipment necessary to access the SMMC Offerings.

Section 4: Member Registration Obligations

 

In consideration of your access to and use of the SMMC Offerings (including the SMMC Sites), you represent that you meet the Membership criteria specified in Section 2 above and that you are of legal age to form a binding contract and are not a person barred from receiving the SMMC Offerings under the laws of the United States or other applicable jurisdiction. In connection with registering to become a member, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the SMMC services registration form(s) (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SMMC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SMMC has the right to suspend or terminate your membership and refuse any and all current or future use of the SMMC Offerings (or any portion thereof, including the Members Only Site).

Section 5: Member Password; Security of Password and Member Account

 

You are responsible for maintaining the confidentiality of the password you use to access the Members Only Site and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SMMC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SMMC will not be liable for any loss or damage arising from your failure to comply with this Section.

Section 6: Generally-Participation, Membership Rights, Obligations, and Prohibited Acts

Participation
SMMC membership does not require participation by its members in any of its functions or events. However, you are strongly encouraged to participate, at least once per year, in the “Meals for Moms” program which provides meals and other assistance to families in need.

Non-Commercial Use
SMMC Offerings are for your personal, non-commercial use; however, SMMC may sanction or offer or promote services and/or products or allow third parties to do so under certain circumstances as described in the then current posting guidelines. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the SMMC Offerings (including Content, as defined below, and your login).

Non-Discrimination Policy
SMMC follows an equal opportunity acceptance policy, and accepts persons without regard to race, creed, color, religion, national origin, sex, sexual orientation, age, physical or mental handicap, veteran status, or marital status. This policy applies to SMMC members, volunteers, relationships with outside vendors, the community at large, use of contractors and consultants, and dealings with the general public. Violations of this policy will be dealt with quickly, and disciplinary action may be taken against a person or company violating the policy, up to and including termination of membership. If you believe you have been discriminated against, you must report the incident immediately to a Southern Marin Mothers’ Club Board Member or the SMMC President at President@southernmarinmoms.com.

Posting Guidelines
All postings on the Members Only Site must strictly comply with the Posting Guidelines available at www.southernmarinmoms.com Compliance with Laws. You agree to follow all applicable laws in connection with your use, participation in and access to the SMMC Offerings. You agree not to post, publish, distribute or otherwise make available any content that promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to violating another person’s rights, including rights of privacy.

Safety
SMMC requires members to be responsible for the safety and conduct of themselves, family members and guests, while using, participating, and accessing any SMMC Offerings.

Courtesy
While using, participating in or accessing any SMMC Membership Offering, SMMC requires that each member behaves in a courteous manner. We require that you avoid disruptive behavior at SMMC events, including intoxication, physical violence, and/or verbal abuse.

Username; Password
You will not use the account, username or password of another member at any time or disclose your SMMC password to any third party or permitting any third party to access your SMMC account. You will not solicit the passwords or personal information of other members for any commercial or unlawful purposes or prohibited purpose or activity.

Pictures of You and/or Your Family
By attending any SMMC Offering and posing for a photograph (or posing any family member for a photograph), you are consenting to having your (or your family member’s picture as applicable) posted on or within the SMMC Offering. If you do not want to have a photograph of you available on or within a SMMC Offering, please do not pose for a picture. You may post pictures of yourself or your child on the SMMC Site to the extent permitted by SMMC. Pictures must be appropriate and tasteful and SMMC reserves the right to remove any picture at any time, in its sole discretion.

General Posting Restrictions
You agree that in connection with SMMC Offerings, you will NOT: (a) post, upload, provide or otherwise distribute any content that is unlawful, harmful, threatening, abusive, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, (b) post, upload, provide or otherwise distribute any content that harasses or advocates harassment of another person; (c) post, upload, provide or otherwise distribute any telephone numbers, street addresses, last names, URLs or email addresses of other members without the consent of such members; provided, however, that a Member’s information may be disclosed in and by a subgroup as disclosure is permitted pursuant to the terms of subgroup sharing as set forth herein (d) post, upload, provide or otherwise distribute a photograph of another person without that person’s consent; (e) post, upload, provide or otherwise distribute any content containing nudity, violence, offensive subject matter or a link to an adult website; (f) post, upload, provide or otherwise distribute any information that you know is false or misleading or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (g) post, upload, provide or otherwise distribute content which infringe another person’s intellectual property or proprietary right, including any copyright, patent, trade secret, right of publicity, right of privacy, etc.; (h) transmit “junk mail,” “chain letters” or assist in distributing any unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; (i) post, upload, provide or otherwise distribute any content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); and/or (j) post, upload, provide or otherwise distribute any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

Removing Content
SMMC reserves the right to investigate and take action against anyone who, in SMMC’s discretion, violates the above guidelines, including without limitation, removing the offending communication or Content, as defined below, from the SMMC Offerings (including the forums included on the Members Only Site) and/or terminating the membership of such violators. The Board may, at any time, delete any Content from any SMMC Offering (including the forums included on the Members Only Site) at any time with or without notice, pursuant to its policies and guidelines.

Other General Restrictions
You agree that you will not (and you will not permit or assist any third party in): (a) interfering with, disrupting, or creating an undue burden on the SMMC Offerings (including the SMMC Sites) or the networks or services connected to SMMC Sites; (b) attempting to impersonate another member or person; (c) selling or otherwise transferring your SMMC profile to another email address not listed in your member profile in the membership system on ClubExpress; (d) harming minors or others in any way; (e) impersonating any person or entity, including, but not limited to, a SMMC board member, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (f) making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfering with or disrupt the SMMC Offerings or servers or networks connected to the SMMC Offerings, or disobey any requirements, procedures, policies or regulations of networks connected to the SMMC Offerings, including using any device, software or routine to bypass our robot exclusion headers; (h)"stalking" or otherwise harass another; (i) collecting or storing personal data about other users in connection with the prohibited conduct and activities set forth herein; and/or (j) engaging in political or fundraising solicitation.

Section 7: Content Available Through SMMC Offerings; Your Suggestions

Content
You understand that all postings, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials available on or through the SMMC Offerings ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not SMMC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the SMMC Offerings. SMMC does not control the Content posted or available via the SMMC Offerings and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by accessing and/or using the SMMC Offerings, you may be exposed to Content that is inaccurate, offensive, indecent or otherwise objectionable. Under no circumstances will SMMC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the posting, distribution, or use of any Content posted, emailed, transmitted or otherwise made available via the SMMC Offerings in any way.

Removing Content
You acknowledge that SMMC may or may not pre-screen Content, but that SMMC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the SMMC Offerings. Without limiting the foregoing, SMMC and its designees shall have the right to remove any Content that violates the Membership Terms or is otherwise objectionable in SMMC’s sole discretion.

Reliance on Content; No Medical Advice
You agree that you must evaluate, and bear all risks associated with, the access and use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SMMC or submitted to SMMC by a member or any third party. SMMC Sites does not provide medical advice. SMMC Sites may provide general information about parenting and SMMC Sites endeavor to provide an online community for the sharing of general advice and ideas. The SMMC Sites are not engaged in the provision of medical or diagnostic information. Content provided or posted on the SMMC Sites should be considered as opinion only and should not be taken as a substitute for qualified medical or other professional advice from qualified service providers. Always seek the direct advice of your physician or another health care professional in connection with any questions you may have regarding your own health or the health of your family members.

Content You Submit; Access; License
SMMC does not claim ownership of Content you submit or make available for inclusion on the SMMC Offerings. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the SMMC Offerings, you understand that other members will have access to such Content and you grant SMMC a worldwide, royalty-free and non- exclusive license(s) to use, sublicense, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the SMMC Offerings. This license exists until you request removal of such Content or until SMMC removes such Content in accordance with our policies; provided, however, that such grants are unable to be granted in connection with the newsletter. You are required to adhere to SMMC Posting Guidelines (www.southernmarinmoms) any time that you post Content on the SMMC Sites.

Other Contributions to SMMC
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to SMMC through its suggestion or feedback web pages or other mechanisms of communication, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) SMMC is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) SMMC shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) SMMC may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of SMMC without any obligation of SMMC to you; and (f) you are not entitled to any compensation or reimbursement of any kind from SMMC under any circumstances in connection with such Contributions.

Reprinting or Disclosing Content; Newsletters
You may not reprint the Content (which is not posted, submitted or provided by you) without prior written consent from an authorized representative of SMMC. All information in the SMMC forum by others or by SMMC cannot be made accessible to the public domain without explicit and written consent from an authorized representative of SMMC. For the avoidance of doubt, all Content published in the member newsletter is the copyright of SMMC and its contributors, and such content may not be reprinted at any time without the explicit and written consent of SMMC and/or such contributors. A member’s violation of this policy could result in immediate termination of such member’s membership in SMMC. SMMC is not responsible for any misuse of Content by any of its members, including unauthorized disclosure or distribution to third parties.

Section 8: Dealings with Advertisers; Links; Third Party Content and Resources

 

Dealings with Advertisers
You also understand and agree that the SMMC Offerings (including the SMMC Sites) may include SMMC and/or third party advertisements, which advertisements may help fund the SMMC Offerings. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SMMC Offerings, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that SMMC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the SMMC Offerings.

Links; Third Party Content and Resources
The SMMC Offerings may provide, or third parties may provide, links to other World Wide Web sites or third party content or resources (“Third Party Resources”). You acknowledge and agree that SMMC is not responsible for the availability of such Third Party Resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Party Resources. You further acknowledge and agree that SMMC 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 Third Party Resources.

Section 9: Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

 

SMMC recognizes the intellectual property of others, and we require our users to do the same. SMMC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SMMC's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. SMMC's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent c/o SMMC. Address: PO Box 271, Mill Valley, CA 94941
By email: President@southernmarinmoms.com (Preferred method of communication)

Section 10: Member Disputes

 

You are solely responsible for your interactions with other SMMC members. SMMC reserves the right, but has no obligation, to monitor disputes between you and other members.

Section 11: Termination. Termination Without Cause by You

You may terminate your SMMC Membership, any associated email address and access to the SMMC Offerings by submitting such termination request to SMMC. No dues will be refunded if you terminate your membership without cause as set forth below.

Termination for Cause by SMMC
You agree that SMMC may, without prior notice, immediately terminate, limit your access to or suspend your SMMC account, any associated email address, and access to the SMMC Offerings for cause. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Membership Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the SMMC Offerings (or any part thereof), (d) unexpected technical or security issues or problems, (e) engagement by you in fraudulent or illegal activities, and/or (f) nonpayment of any dues or fees owed by you in connection with the SMMC Offerings.

Effects of Termination
Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in SMMC's sole discretion and that SMMC shall not be liable to you or any third party for any termination of your account, your membership, any associated email address, or access to the SMMC Offerings. Upon any termination of this Agreement by You or SMMC or upon expiration of your membership, SMMC may terminate your access to all or part of the SMMC Offerings (except the Public Site) as solely determined by SMMC.

Section 12: Disclaimers; Limitation on Liability; Release; Indemnity

 

DISCLAIMERS
You understand and agree that the SMMC Offerings (including the SMMC Sites) is provided "AS-IS" and that SMMC and its licensors and suppliers assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SMMC MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SMMC OFFERINGS OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS OFFERED OR INCLUDED IN OR ON OR IN CONNECTION WITH ANY SMMC OFFERING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SMMC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY YOU SHOULD ASSUME THAT THE SMMC OFFERINGS HAVE NOT BEEN INDEPENDENTLY REVIEWED FOR ACCURACY, COMPLETENESS OR SAFETY. IF YOU RELY ON ADVICE OR INFORMATION PROVIDED WITHIN THE SMMC OFFERINGS, YOU EXPRESSLY AGREE THAT YOU ARE DOING SO ENTIRELY AT YOUR OWN RISK. SMMC EXPLICITLY DISCLAIMS ANY LIABILITY FOR INJURY OR DAMAGES RESULTING FROM THE USE THEREOF.

SMMC DOES NOT WARRANT THAT THE SMMC SITES, ITS SERVERS, OR E-MAIL SENT FROM THIS SMMC SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT YOUR ACCESS TO THIS SITE AND ITS SERVERS WILL BE RELIABLE, ERROR-FREE, OR UNINTERRUPTED.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: SMMC MAKES NO WARRANTY THAT (i) THE SMMC OFFERINGS WILL MEET YOUR REQUIREMENTS; (ii) THE SMMC OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SMMC OFFERINGS WILL MEET YOUR EXPECTATIONS.

LIMITATION ON LIABILITY. IN CONNECTION WITH THIS AGREEMENT, THE SMMC OFFERINGS (INCLUDING SMMC SITES AND CONTENT) AND ANY RELATED SERVICES: (A) SMMC AND SMMC PARTIES (DEFINED BELOW) WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES; AND (B) SMMC AND SMMC PARTIES WILL NOT BE LIABLE FOR ANY AMOUNT GREATER THAN THE TOTAL DUES PAID BY YOU.

Responsibility for Self and Your Family; Release of Claims
You represent, acknowledge, and agree that you are fully responsible for the safety and behavior of yourself, each member of your family, and any guests accompanying you or your family at any and all SMMC Offerings (including functions, programs, or events, at any and all locations at which they may occur). You hereby expressly release all claims, known or unknown, which may arise on your behalf or on behalf of your family members and/or guests against SMMC, the SMMC board, officers, directors, agents, employees, attorneys, or insurers (the "SMMC Parties") including any and all claims for damages, losses, costs, expenses, attorneys' fees, and liabilities of every kind including passive or active negligence and strict liability, which might arise out of or in connection with your participation in, use of or access to SMMC Offerings.

Indemnity
As a Member, you further agree to defend, indemnify, and hold SMMC and the SMMC Parties harmless from and against any and all claims, liabilities, losses, damages, costs, and expenses, including attorneys' fees and cost of litigation, which might arise out of result from (a) any injuries or other damages allegedly caused, in whole or in part, directly or indirectly, by you or any member of your family, or any guest accompanying you or your family at any SMMC Offering; and (b) Content and/or Suggestions you submit, post, transmit, modify or otherwise make available through the SMMC Offerings and/or your violation of the Membership Terms, and/or your violation of any rights of another.

General 13: General

 

Compliance with Laws; Safety of Others
You acknowledge, consent and agree that SMMC may access, preserve and disclose your account information and any Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Membership Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of SMMC, its users and the public.

Security Components
You understand that the SMMC Offerings and software embodied within the SMMC Offerings may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by SMMC and/or content providers who provide Content to the SMMC Offerings. You may not attempt to override or circumvent any of the usage rules embedded into the SMMC Offerings. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the SMMC Offerings, in whole or in part, is strictly prohibited.

General Practices Regarding Use and Storage
You acknowledge that in the future SMMC may establish general practices and limits concerning use of the SMMC Offerings, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the SMMC Offerings, the maximum number of email messages that may be sent from or received by an account on the SMMC Offerings, the maximum size of any email message that may be sent from or received by an account on the SMMC Offerings, the maximum disk space that will be allotted on SMMC's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the SMMC Offerings in a given period of time. You agree that SMMC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the SMMC Offerings. You further acknowledge that SMMC reserves the right to modify these general practices and limits from time to time.

Proprietary Rights
You acknowledge and agree that the SMMC Offerings and any necessary software used in connection with the SMMC Offerings ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the SMMC Offerings or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by SMMC or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the SMMC Offerings, such Content or the Software, in whole or in part.

Trademarks
Southern Marin Mothers’ Club and the any logos, slogans, or taglines are registered trademarks or trademarks of Southern Marin Mothers’ Club and may not be used in any commercial manner without written permission from Southern Marin Mothers’ Club. Other product or service marks used on the SMMC Offerings are used for identification purposes only and may be registered trademarks or trademarks of their respective owners.

Notice
SMMC may provide you with notices, including those regarding changes to the Membership Terms, including by but not limited to email, postings on the SMMC Offerings, or by mail or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this Membership Terms by accessing the SMMC Offerings in an unauthorized manner. Your agreement to this Membership Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the SMMC Offerings in an authorized manner.

Entire Agreement
The Membership Terms (including the Posting Guidelines) constitutes the entire agreement between you and SMMC and governs your use of the SMMC Offerings, prospectively as of the effective date of posting these terms, superseding any prior version of this Membership Terms between you and SMMC with respect to the SMMC Offerings. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SMMC services, affiliate services, third- party content or third-party software to the extent such additional terms and conditions are provided to you prior to your use or purchase.

Choice of Law and Forum
You and SMMC each agree that the Membership Terms and the relationship between the parties shall be exclusively governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Membership Terms, or the relationship between you and SMMC, shall be brought exclusively in the courts located in Marin County, California or the U.S. District Court for the Northern District of California. You and SMMC agree to submit to the personal jurisdiction of the courts located within Marin County, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms
The failure of SMMC to exercise or enforce any right or provision of the Membership Terms shall not constitute a waiver of such right or provision. If any provision of the Membership Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Membership Terms remain in full force and effect.

No Right of Survivorship and Non-Transferability
You agree that your SMMC account is non- transferable and any rights to your SMMC ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations
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 SMMC Offerings or the Membership Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles
The section titles in the Membership Terms are for convenience only and have no legal or contractual effect.

Violations
Please report any violations of the Membership Terms via email to SMMC President President@southernmarinmoms.com