STW Terms of Use

THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION SEE SECTION 16 BELOW.

These Terms (“Terms”) apply to the websites, online platforms, and mobile applications of SandyTheWondermom (collectively referred to as “SandyTheWondermom,” “we,” “us,” or “our”), and we invite you to access and use our Websites, including, without limitation, sandythewondermom.com, expertadetuhijo.com, expertofyourchild.com, and marathewondergirl.com (“Websites”).

Visitors to our Websites (“Visitors”) are provided access to the Websites subject to the following Terms, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.

Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms of Purchase, the Terms of Purchase shall control.

Capitalized terms not defined in these Terms shall have the meaning set forth in our Privacy Policy.

1. Use of Our Websites

A. We provide Visitors and Registered Users with access to the Websites, products and services:

a. Visitors to the Websites, who view only publicly-available content (“Visitors”), and
b. Users who register with us (“Registered Users”) and wish to purchase a product or service through one of our Websites.

B. SandyTheWondermom is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion.
C. SandyTheWondermom may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms.

2. Community Guidelines

Welcome to our community! The following Community Guidelines ensure a positive and respectful environment for everyone. By accessing our Websites and participating in our online forums and comment sections, you agree to abide by these guidelines:

A. Respectful and Inclusive Behavior:

a. Treat others with kindness, respect, and empathy. Be considerate of different opinions and perspectives.
b. Avoid personal attacks, discrimination, or any form of abusive language or behavior.
c. Do not engage in hate speech, offensive content, or any form of derogatory remarks towards individuals or groups based on their race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.
d. Do not “stalk,” threaten, or otherwise harass another person;
e. Do not upload, post, email, transmit, or otherwise make available any content that: defamatory, libelous, indecent, obscene, pornographic, sexually explicit, or promotes violence.

B. Constructive Discussions:

a. Engage in meaningful and constructive discussions. Provide thoughtful insights and contribute to the conversation.
b. Stay on topic and avoid excessive self-promotion or spamming.
c. Back your claims with reliable sources and promote evidence-based discussions.
d. You will not spam or use the Websites to engage in any commercial activities.

C. Utilization of Websites:

a. You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials.
b. You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

D. Privacy and Confidentiality:

a. Respect the privacy of others. Do not share personal information or any confidential details without consent.
b. Protect your own privacy by refraining from sharing sensitive information online.

E. Intellectual Property and Copyright:

a. Respect intellectual property rights. Do not post or share copyrighted material without proper permission or attribution.
b. If you believe your copyrighted work has been infringed upon, please follow our designated process for reporting copyright violations.

F. Moderation and Compliance:

a. Follow the instructions and guidelines provided by our moderators or administrators.
b. If you come across any content that violates our guidelines, report it to the moderators for review and appropriate action.
c. Understand that moderators have the authority to remove or edit any content that violates our guidelines.

G. Lawful Conduct:

a. Adhere to all applicable laws, including but not limited to laws regarding defamation, intellectual property, privacy, and online conduct.
b. Do not engage in any illegal activities or promote any unlawful behavior.

H. Suspension or Termination:

a. Failure to comply with these Community Guidelines may result in temporary or permanent suspension of your account and participation in our online community.

3. Age Restrictions

Our Websites are intended for use by individuals who are at least 13 years of age or older. By accessing our Websites, you agree to comply with the following terms:

A. Minimum Age Requirement:

a. Our website is intended for individuals who are at least [insert minimum age] years old.
b. By accessing or using our website, you represent and warrant that you meet the minimum age requirement.

B. Parental or Guardian Consent:

a. If you are under the minimum age requirement, you must obtain the consent of a parent or legal guardian before accessing or using our website.
b. Parents or legal guardians are responsible for monitoring the activities of minors and ensuring their compliance with these Terms and Conditions.

4. Registered User Login, Password and Unique Identifiers

This section outlines the Terms related to the use by Registered Users of our Websites. By accessing or using our Websites and making a payment, you agree to comply with the following terms:

A. Registration:

a. To access certain features or services on our website, you may be required to create a registered user account.
b. During the registration process, you agree to provide accurate, complete, and up-to-date information as requested.

B. User Login:

a. Upon successful registration, you will be provided with a unique username or email address and password to access your account.
b. You are responsible for maintaining the confidentiality of your login credentials and agree not to share them with any third party.

C. Password Security:

a. You are solely responsible for maintaining the security of your password and account.
b. It is recommended that you choose a strong password, containing a combination of letters, numbers, and special characters, and regularly update it to ensure its security.

D. Unique Identifiers:

a. As a registered user, you may be assigned unique identifiers, such as usernames or profile pictures, to distinguish your account and online presence on our website.
b. You agree not to use any identifiers that infringe upon the rights of others, impersonate someone else, or are offensive, defamatory, or inappropriate.

E. Account Usage and Responsibility:

a. You are solely responsible for all activities that occur under your registered user account.
b. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

F. Account Termination:

a. We reserve the right to suspend or terminate your registered user account, in our sole discretion, if we believe that you have violated these Terms and Conditions or engaged in any fraudulent, unlawful, or abusive activities.

5. Fees and Payment

This section outlines the Terms related to the use of our Websites for purchasing products or services. By accessing or using our Websites and making a payment, you agree to comply with the following terms:

A. Pricing and Currency:

a. All prices listed on our Websites are in the currency specified and are exclusive of applicable taxes unless stated otherwise.
b. We reserve the right to modify the prices of our products or services at any time. However, any changes will not affect orders that have already been placed and confirmed.

B. Payment Methods:

a. We accept various payment methods as indicated on our Websites, including credit cards, debit cards, and other forms of electronic payment.
b. You are responsible for providing accurate and up-to-date payment information.

C. Order Placement and Confirmation:

a. Placing an order through our Websites constitutes an offer to purchase the selected product(s) or service(s) subject to these Terms.
b. Upon receipt of your order, we will send you an order confirmation email detailing the specifics of your purchase. This email serves as acknowledgment that we have received your order but does not guarantee acceptance or availability of the product(s) or service(s).

D. Pricing Errors:

a. In the event that a product or service is listed on our Websites with an incorrect price due to typographical or technical errors, we reserve the right to refuse or cancel any orders placed at the incorrect price.
b. If your credit card or other payment method has already been charged for an order that is subsequently canceled due to a pricing error, we will issue a refund to the original payment method.

E. Taxes and Duties:

a. You are responsible for any applicable taxes, duties, or customs fees imposed by the relevant authorities based on your location or the destination of the product(s) or service(s).
b. The total amount payable for your order includes the price of the product(s) or service(s) plus any applicable taxes or fees.

F. Refunds and Returns:

a. Our refund and return policy is outlined separately and is available on our Websites. Please refer to that policy for detailed information regarding refunds, returns, and exchanges.

G. Third-Party Payment Processors:

a. We may utilize third-party payment processors to facilitate payment transactions on our Websites. Your use of such third-party payment processors is subject to their Terms and privacy policies.

H. Security and Data Protection:

a. We take appropriate measures to ensure the security of your payment information; however, we cannot guarantee the absolute security of data transmitted over the internet.
b. By making a payment through our Websites, you acknowledge and agree that we may collect, store, and process your payment information in accordance with our Privacy Policy.

I. Disputes and Chargebacks:

a. If you have any concerns or disputes regarding your payment or the products or services received, please contact our customer support. We will make reasonable efforts to address your concerns in a timely manner.
b. Initiating a chargeback without first attempting to resolve the issue with us may result in the suspension or termination of your account and could also affect your eligibility for future purchases.

6. Intellectual Property

This section governs the rights and usage of intellectual property on our Websites. By accessing or using our Websites, you acknowledge and agree to the following terms:

A. Ownership of Intellectual Property:

a. All content and materials on our Websites, including but not limited to class, handouts, writings, articles, FAQs, text, graphics, images, logos, videos, audio, software, and any other intellectual property, are the property of our company or our licensors.
b. All intellectual property rights, including copyrights, trademarks, patents, trade secrets, and other proprietary rights, associated with the content and materials on our Websites, are reserved.

B. Limited License:

a. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Websites solely for personal, non-commercial purposes in accordance with these Terms.
b. You may not copy, reproduce, modify, distribute, display, create derivative works, or exploit any content or materials from our Websites without our prior written consent.

C. User-Generated Content:

a. If you contribute any content to our Websites, including but not limited to comments, reviews, or submissions, you retain ownership of your intellectual property rights.
b. However, by posting or submitting content, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, modify, adapt, reproduce, distribute, display, and sublicense the content for any purpose related to our Websites.
c. You represent and warrant that you have all necessary rights to grant us the license described above and that your content does not infringe upon any third-party rights.

D. Copyright Infringement:

a. We respect the intellectual property rights of others and expect our users to do the same.
b. If you believe that any content on our Websites infringes upon your copyright, please follow our designated process for reporting copyright violations as outlined in our Copyright Policy.

E. Trademarks:

a. All trademarks, service marks, logos, and trade names displayed on our Websites are the property of their respective owners.
b. You may not use any trademarks, service marks, logos, or trade names from our Websites without the prior written permission of their respective owners.

F. Third-Party Content:

a. Our Websites may contain links to third-party websites or content that is not owned or controlled by us. We are not responsible for the content, accuracy, or practices of third-party websites or resources.
b. Any references to third-party products, services, or organizations on our Websites do not imply endorsement or affiliation unless expressly stated.

G. Notice and Takedown:

a. If you believe that any content on our Websites infringes upon your intellectual property rights, please notify us following our designated process for reporting intellectual property violations as outlined in our Intellectual Property Policy.

7. Registered User Content and Licenses

This section governs the rights and licenses associated with the content you submit or post as a Registered User on our Websites. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. You are entirely responsible for all of your Registered User Content that you upload, post, email, or otherwise submit to the Websites.

By accessing or using our Websites, you acknowledge and agree to the following terms:

A. User Content Ownership:

a. As a registered user, you retain ownership of the intellectual property rights in the content you submit or post on our Websites.
b. By submitting or posting content, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, modify, adapt, publicly display, and publicly perform the content on our Websites and associated platforms.

B. Use of User Content:

a. You grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Login, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, SandyTheWondermom, and our products and services.
b. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

C. User Content Representation and Warranties:

a. You represent and warrant that you have all necessary rights, licenses, permissions, and consents to submit or post the content on our Websites.
b. You further represent and warrant that the content does not violate any laws or infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.

D. License to Other Registered Users:

a. By posting content on our Websites, you grant other Registered Users a non-exclusive license to access, view, and interact with your content through our Websites’ functionalities, subject to the applicable settings and permissions you choose.

E. License to the Public:

a. By posting content on our Websites, you understand and acknowledge that your content may be visible to the general public, including users who are not registered on our Websites.
b. You grant the public a non-exclusive license to access, view, and interact with your publicly accessible content through our Websites' functionalities, subject to the applicable settings and permissions you choose.

F. Content Moderation:

a. We reserve the right to monitor, review, and moderate user-generated content posted on our Websites.
b. We may remove or modify any content that violates our Terms or Community Guidelines, or that we deem inappropriate, offensive, or harmful, at our sole discretion.

G. User Content Liability:

a. You are solely responsible for the content you submit or post on our Websites.
b. You understand and acknowledge that we are not responsible for the accuracy, legality, or appropriateness of user-generated content.
c. You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising out of or related to your content or your violation of any applicable laws or third-party rights.

H. Content Retention and Removal:

a. We may retain user-generated content even after it is removed from our Websites, as required by law, for backup purposes, or for legitimate business interests.
b. If you wish to have your content removed from our Websites, please contact us following the instructions provided in our Privacy Policy.

8. Unsolicited Submissions; Communications with Us

This section outlines the Terms related to unsolicited submissions and communications with us. By accessing or using our Websites, you acknowledge and agree to the following:

A. Unsolicited Submissions:

a. We do not accept or consider unsolicited submissions of any unsolicited ideas, suggestions, works, materials, proposals, or content, including for books, articles, animations, classes, ad campaigns, promotions, products, services, product names, content, or other creative materials (collectively “Unsolicited Submissions”).
b. Any Unsolicited Submissions you send to us should, including but not limited to emails, messages, or any other form of communication, will be treated as non-confidential and non-proprietary.
c. We are under no obligation to review, consider, or use any Unsolicited Submissions, and we bear no responsibility for any similarities between your unsolicited submission and our future products, services, or business operations.
d. You acknowledge that no fiduciary or confidential relationship now exists between you and us, and you further acknowledge that no such relationships are established between you and us by reason of your submission of any Unsolicited Submissions.
e. You agree that you will not be entitled to any compensation because of the use of any such similar or identical material. In this connection, you hereby release and absolutely and forever discharge us of and from any and all claims, damages, legal fees, costs, expenses, debts, actions, and causes of action of every kind and nature whatsoever, whether now known or unknown, suspected or unsuspected, asserted or unasserted, which you now have, or at any time heretofore ever had or which you may have in the future, against us which in any way arise out of or in connection with any such similar or identical material.

B. Communications with Us:

a. If you choose to communicate with us, whether through our Websites, email, or any other means, you agree to do so in a respectful and lawful manner.
b. You are solely responsible for the content of your communications and any consequences that may arise from them.
c. We reserve the right to monitor, review, and moderate communications with us to ensure compliance with our Terms and Community Guidelines.

C. Personal Information in Communications:

a. When communicating with us, please refrain from including personal information or any confidential details unless specifically requested by us.
b. We do not assume any responsibility for the security or protection of personal information transmitted through unsecured channels.
c. In addition, any feedback and questions you send to us will be deemed non-confidential and not proprietary, and we shall be free to use and redistribute them on an unrestricted basis without compensation or attribution to you.

D. Intellectual Property in Communications:

a. By submitting any communications to us, you warrant that you have the necessary rights, licenses, or permissions to the intellectual property contained within the communication.
b. You grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display the communication for any purpose related to our business operations.

E. Response to Communications:

a. We will make reasonable efforts to respond to communications received from you within a reasonable timeframe, but we cannot guarantee a response or specific actions resulting from such communications.

F. Limitation of Liability:

a. We shall not be liable for any damages, losses, or expenses arising from or related to your communications with us, including but not limited to any reliance on the content of such communications.

9. No Warranties; Limitations of Liability

This section outlines the Terms related to disclaimers of warranties and limitations of liability associated with the use of our Websites. By accessing or using our Websites, you acknowledge and agree to the following:

A. No Warranties:

a. Our Websites and its content are provided on an "as is" and "as available" basis without any warranties, representations, or guarantees of any kind, either expressed or implied.
b. We make no warranties or representations regarding the accuracy, completeness, reliability, timeliness, availability, or suitability of the Websites or its content for any particular purpose.
c. We disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

B. Third-Party Content:

a. Our Websites may contain content provided by third parties, including but not limited to advertisements, links to external websites, and user-generated content.
b. We do not endorse, warrant, or guarantee the accuracy, reliability, or legality of any third-party content, and we disclaim all liability for any damages, losses, or expenses arising from or related to third-party content.

C. Limitation of Liability:

a. To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to damages for loss of profits, data, or other intangible losses, arising from or related to the use of our Websites or its content.
b. Our liability, if any, for any claim arising out of or related to the use of our Websites or its content shall be limited to the amount paid by you, if any, for accessing or using our Websites.

D. Indemnification:

a. You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses, including attorney's fees, arising from or related to your use of our Websites, violation of these Terms, or infringement of any third-party rights.

E. Force Majeure:

a. We shall not be liable for any failure or delay in performing our obligations under these Terms, resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions.

F. Jurisdictional Limitations:

a. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you to the extent prohibited by applicable law.

10. Informational Content; Not Medical Advice

This section outlines the Terms that the intended use of information provided on our Websites and clarifies that nothing on our Websites should be construed as medical advice. By accessing or using our Websites, you acknowledge and agree to the following terms:

A. General Information:

a. Our Websites provides health tips, recommendations, and general wellness information for educational and informational purposes only.
b. The content on our Websites is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
c. We are not medical professionals, and the information provided on our Websites should not be considered as medical advice.

B. Non-Medical Advice:

a. Any health tips, recommendations, or wellness information provided on our Websites are not intended to replace or substitute professional medical advice.
b. You should always consult with qualified healthcare professionals or medical practitioners for specific medical conditions, concerns, or questions.

C. Personal Responsibility:

a. You understand and acknowledge that the use of the information provided on our Websites is at your own risk.
b. We do not assume any responsibility for any actions taken or decisions made based on the health tips or recommendations provided on our Websites.

D. No Professional Relationship:

a. The use of our Websites and the information provided does not establish a professional relationship between you and us.
b. Any communication or interaction between you and us, including but not limited to emails, messages, or consultations, does not constitute a professional healthcare provider-patient relationship.

E. Individual Variations:

a. Each person's health and wellness needs may differ. The information provided on our Websites may not be suitable or applicable to everyone.
b. You should consider your own unique circumstances and consult with appropriate healthcare professionals before making any decisions or taking any actions based on the information provided on our Websites.

F. Accuracy of Information:

a. While we strive to provide accurate and up-to-date information, we do not warrant or guarantee the accuracy, completeness, or timeliness of the content on our Websites.
b. We disclaim all liability for any damages, losses, or expenses arising from or related to the use of the information provided on our Websites.

G. Jurisdictional Limitations:

a. Some jurisdictions do not allow the exclusion or limitation of liability for personal injury or other damages, so the above limitations may not apply to you to the extent prohibited by applicable law.

11. External Sites

This section clarifies the Terms as our website may contain links or references to third-party websites or resources. By accessing or using our website, you acknowledge and agree to the following:

A. Third-Party Websites:

a. Our website may provide links, references, or advertisements that lead to external websites or resources operated by third parties.
b. These links are provided for your convenience and do not signify our endorsement, sponsorship, or affiliation with the linked website or its content.

B. External Site Responsibility:

a. We have no control over the content, practices, or policies of third-party websites or resources.
b. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, legality, appropriateness, or any other aspect of the content, advertising, products, or services on or available from such external sites or resources.

C. Third-Party Terms and Conditions:

a. Your use of third-party websites or resources, including any interactions or transactions, is subject to the terms and conditions and privacy policies of those websites.
b. We recommend reviewing the terms and conditions and privacy policies of any third-party website you visit.

D. Risk and Liability:

a. You access and use third-party websites at your own risk.
b. We shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with your use of or reliance on any content, products, or services available on or through any external sites or resources.

E. External Site Changes:

a. The availability, content, and features of third-party websites or resources may change without notice.
b. We do not guarantee the accuracy, completeness, or timeliness of any information or content on external sites.

12. Representations; Warranties; and Indemnification

This section outlines the Terms regarding the representations, warranties and indemnification rights and responsibilities under this Agreement. By accessing or using our website, you acknowledge and agree to the following:

A. If you are a Registered User, you hereby represent, warrant, and covenant that:

a. You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
b. Use of your Registered User in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
c. You shall not submit to the Websites any Registered User Content that violates our Community Guidelines set forth above or any other term of this Agreement.

B. You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Websites; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

13. Applicable Laws and Governing Law

This section governs the applicable law and the governing laws under this Agreement. By accessing or using our website, you acknowledge and agree to the following:

A. The Websites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.

B. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

C. This Agreement and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions.

14. Termination of the Agreement

This section governs the Terms of the termination rights under this Agreement. By accessing or using our website, you acknowledge and agree to the following:

A. Termination by You:

a. You have the right to terminate these Terms at any time by discontinuing your use of our Websites.
b. If you have a Registered User with us, you may also choose to terminate your account by following the designated account closure process, if available.

B. Termination by Us:

a. We reserve the right to terminate these Terms, suspend or terminate your access to our Websites, or suspend or terminate specific features or services offered through our Websites, at any time and for any reason, without prior notice or liability.

C. Effect of Termination:

a. Upon termination of these Terms, your right to access and use our Websites will immediately cease.
b. Any provisions that, by their nature, should survive termination, including but not limited to provisions regarding intellectual property, disclaimer of warranties, limitation of liability, and dispute resolution, shall continue to be binding even after the termination.

D. No Liability:

a. We shall not be liable to you or any third party for any termination of these Terms or the suspension or termination of your access to our Websites, except as expressly provided in these Terms.

E. Post-Termination Obligations:

a. Upon termination, you must cease all use of our Websites and any content or materials obtained through it.
b. You are responsible for any outstanding obligations or liabilities incurred before the termination.

F. Survival:

a. The following sections shall survive any termination of this Agreement: “Fees and Payment”, “Intellectual Property,” “Registered User Content and Licenses,” “Unsolicited Submissions; Communications with Us,” “No Warranties; Limitation of Liability,” “Informational Content; Not Medical Advice,” “Representations; Warranties; and Indemnification,” “Applicable Laws and Governing Law,” “Termination of the Agreement,” “Digital Millennium Copyright (DMCA) Compliance,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” “Severability,” and “Miscellaneous.”

15. Digital Millennium Copyright (DMCA) Compliance

The Digital Millennium Copyright Act (DMCA) section outlines our compliance with the provisions of the DMCA. By accessing or using our Websites, you acknowledge and agree to the following:

A. Copyright Infringement Notification:

a. We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been infringed upon on our Websites, you may submit a notification as described below.
b. To file a copyright infringement notification, please provide us with a written communication that includes the following information:

i. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
ii. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, along with information reasonably sufficient to locate the material.
iv. Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an email address.
v. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. Counter Notification:

a. If you believe that your material was removed or access to it was disabled as a result of a mistake or misidentification, you may submit a counter notification as described below.
b. To file a counter notification, please provide us with a written communication that includes the following information:

i. Your physical or electronic signature.
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
iii. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
iv. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located or, if your address is outside the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.

C. Repeat Infringers:

a. We reserve the right, at our discretion, to terminate the accounts of users who are repeat infringers of copyright.

D. Designated Copyright Agent:

a. To file a copyright infringement notification or a counter notification, please contact our designated Copyright Agent at the following address:

SandyTheWondermom
3162 Commodore Plaza, 2C
Coconut Grove, FL 33133
[email protected]

E. Jurisdictional Limitations:

a. Some jurisdictions may have additional requirements or variations regarding copyright infringement notifications and counter notifications. It is your responsibility to understand and comply with the applicable laws of your jurisdiction.

16. Binding Arbitration

This section outlines the Terms regarding arbitration under the Agreement. By accessing or using our Websites, you acknowledge and agree to the following:

A. Dispute Resolution:

a. Any dispute, claim, or controversy arising out of or relating to your use of our Websites, including these Terms, shall be resolved through arbitration conducted in accordance with the Federal Arbitration Act (“FAA”) instead of in a court of law.
b. This includes, but is not limited to, disputes arising from contracts, torts, statutes, regulations, or interpretations of these Terms.

B. Arbitration Procedures:

a. The arbitration shall be conducted in accordance with the rules and procedures of a recognized arbitration organization mutually agreed upon by both parties or, if no agreement can be reached, the rules of the American Arbitration Association (AAA).
b. The arbitrator's decision will be final and binding upon both parties, and any court with jurisdiction may enforce the arbitrator's award.

C. Waiver of Class Action or Consolidated Actions:

a. Any dispute subject to arbitration shall be conducted on an individual basis. You waive any right to participate in any class action, consolidated action, or representative proceeding that may arise from or relate to your use of our Websites.
b. The arbitrator shall not have the power to consolidate more than one person's claims or preside over any form of class or representative proceeding.

D. Exceptions:

a. Notwithstanding the above, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

E. Governing Law and Jurisdiction:

a. The arbitration shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law principles.
b. The exclusive jurisdiction for any action not subject to arbitration shall be the state or federal courts located in the State of Florida.

17. Class Action Waiver

This section outlines the Terms regarding Class actions and the waiver of rights to bring claims under a class action lawsuit. By accessing or using our Websites, you acknowledge and agree to the following:

A. Waiver of Class Action:

a. Any dispute, claim, or controversy arising out of or relating to your use of our Websites, including these Terms, shall be resolved on an individual basis through arbitration. You expressly waive any right to participate in a class action lawsuit or seek relief on a class-wide basis.

B. Individual Arbitration:

a. All disputes that are not subject to exceptions outlined in other sections of these Terms shall be resolved through binding arbitration on an individual basis.
b. The arbitration shall be conducted in accordance with the rules and procedures of a recognized arbitration organization mutually agreed upon by both parties.

C. Scope of Waiver:

The waiver of class action applies to all aspects of the dispute, including but not limited to claims arising out of contracts, torts, statutes, regulations, or interpretations of these Terms.

D. Exceptions:

a. Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

18. Equitable Relief

A. Availability of Equitable Relief:

a. In the event of an actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, either party may seek injunctive or other equitable relief.
b. Equitable relief is available to prevent further harm or irreparable damage that cannot be adequately compensated by monetary damages alone.

B. Court of Competent Jurisdiction:

a. Any party seeking equitable relief must file a claim in a court of competent jurisdiction.
b. The court shall have the authority to grant injunctive or other equitable relief as deemed necessary to protect the rights and interests of the aggrieved party.

C. Arbitration Exclusion:

a. The availability of equitable relief is an exception to the general agreement to resolve disputes through arbitration as outlined in other sections of these Terms.
b. Disputes seeking equitable relief may be resolved in a court of law, and the decision of the court shall be binding upon both parties.

19. Severability

A. Validity of Remaining Provisions:

a. If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

B. Modification of Invalid Provisions:

a. In the event that a provision is deemed invalid or unenforceable, the parties agree to replace it with a valid and enforceable provision that reflects the original intent and purpose of the invalid provision as closely as possible.

C. Severability Clause:

a. The inclusion of a severability clause in these Terms emphasizes the intention of the parties to have the remaining provisions enforceable, even if certain provisions are found to be invalid or unenforceable.

20. Miscellaneous

A. Entire Agreement:

a. These Terms constitute the entire agreement between you and our Websites regarding the subject matter herein and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written.

B. Modifications:

a. We reserve the right to modify, amend, or update these Terms at any time, in our sole discretion.
b. Notice of any material changes to the Terms will be provided by posting the updated version on our Websites. It is your responsibility to review the Terms periodically to stay informed of any modifications.

C. Assignment:

a. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.
b. We may freely assign or transfer these Terms, in whole or in part, to any third party as we see fit.

D. No Waiver:

a. The failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or any other provision.
b. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

E. Relationship of Parties:

a. Nothing in these Terms shall create, or be deemed to create, a partnership, joint venture, agency, or employment relationship between you and our Websites.
b. You agree that you are an independent entity and are solely responsible for compliance with all applicable laws and regulations regarding your use of our Websites.

F. Survival:

a. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property, disclaimer of warranties, limitation of liability, and dispute resolution.

G. Contact Information:

a. If you have any questions, concerns, or feedback regarding these Terms, please contact us using the contact information provided on our Websites.

H. Subject to Change:

a. Please note that this Miscellaneous section is subject to change at our discretion. We encourage you to review it regularly to stay informed.
b. Your continued use of our Websites signifies your acceptance of any updates or modifications to this section.

Thank you for taking the time to read and understand our Terms.