Terms & Conditions
SITE TERMS AND CONDITIONS OF USE AGREEMENT
This Site is provided to you by TriadMomsOnMain.com (Site). Access to and use of this Site and the services available at this Site are subject to the following terms and conditions as set forth in this notice. By accessing or using the Site or downloading materials from the Site, you agree to be legally bound by the terms and conditions set forth below without any modification. Please, review them carefully. If you do not agree to the terms, do not use this Site.
The copyright in this entire Site is held by TriadMomsOnMain.com. All material provided on this Site is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this Site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of TriadMomsOnMain.com Individual visitors of this Site are permitted to download or print one copy of material published on this Site solely for their personal, non-commercial use, provided that they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. TriadMomsOnMain.com does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws.
The trademarks, logos and service marks (collectively referred to as "Trademarks") displayed on this Site are claimed by TriadMomsOnMain.com and no trademark license, either express or implied, is granted by TriadMomsOnMain.com You do not have any right to use any Trademark or Service Mark displayed on this Site except as expressly provided under the doctrine of Fair Use without the prior written permission of TriadMomsOnMain.com In the event of unauthorized use or misuse of its Trademarks TriadMomsOnMain.com will pursue its legal remedies without delay.
Electronic Information Submitted to this Site.
Please be advised that neither TriadMomsOnMain.com, nor any affiliated persons or entities is in a position to investigate, censor or otherwise ensure the accuracy of any comments, remarks or other information and content ("Content") posted or generated by users of this Site, and therefore is not responsible in any way for such Content provided by users or other third parties. To the contrary, many of the users are of unknown identity and have no relationship or privity with TriadMomsOnMain.com Therefore, TriadMomsOnMain.com expressly disclaims, on behalf of itself and any affiliated persons or entities, any guarantee, warranty, other representations or responsibility with respect to the veracity, genuineness, completeness or lawfulness otherwise of any Content provided by non-employees of TriadMomsOnMain.com TriadMomsOnMain.com further expressly disclaims, on behalf of itself and any related persons or entities, any guarantee, warranty, other representations or responsibility with respect to such user or third party Content as related to, among other things, intellectual property rights, copyright or trademark infringement, defamation, libel, slander, invasion of privacy or criminal or tortious activities otherwise. Accordingly, TriadMomsOnMain.com does not assume (but expressly disclaims), on behalf of itself and any affiliated persons or entities, any liability of any kind for any alleged direct or consequential injury or damages arising from, or relating to in any way, the Content provided by users or other third parties or their activities otherwise, including, without limitation, any alleged liability under any federal or state criminal or civil laws (including provisions of the Communications Decency Act). Each of this Site's users and third parties acknowledge, by usage of this Site, that he/she/it is solely responsible and liable for his/her/its Content, and neither TriadMomsOnMain.com nor any affiliated persons or entities is the guarantor or indemnitor of any such party.
For clarity, you retain all of your ownership rights in the Content that you submit to our website. However, by submitting Content to The Moms on Main LLC., you hereby grant TriadMomsOnMain.com a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the TriadMomsOnMain.com Website and The Moms on Main LLC, (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the TriadMomsOnMain.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the TriadMomsOnMain.com Website a non-exclusive license to access your Content through the Website, and to use, reproduce, distribute, display and perform such Contentas permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in the Content terminate within a commercially reasonable time after you remove or delete your Submissions from the TriadMomsOnMain.com Service. You understand and agree, however, that TriadMomsOnMain.com may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted. The above licenses granted by you in Content are perpetual and irrevocable.
You agree that you will not, and will not assist or enable others to:
(1) use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site;
(2) use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
(3) use the Site for promotional or commercial purposes, including posting your sale information on competitors sale pages, and except as expressly allowed in writing by TriadMomsOnMain.com;
(4) use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
(5) use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
(6) use the Site to promote bigotry or discrimination against protected classes;
(7) use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(8) use the Site to submit or transmit pornography or illegal content;
(9) use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
(10) use the Site in violation of the Terms of Service or any applicable law;
(11) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by TriadMomsOnMain.com;
(12) reverse engineer any portion of the Site;
(13) remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site
(14) record, process, or mine information about other users;
(15) reformat or frame any portion of the Site;
(16) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on TRIADMOMSONMAIN.COM's technology infrastructure;
(17) attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
Use of Content
We may remove or reinstate Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of Content, nor do we guarantee any confidentiality with respect to Content.
In an attempt to maintain a positive, productive, supportive community at The Moms on Main LLC,, we have the right to reject comments that are personal attacks, obvious competitor “bashing,” off-topic, self-promotional, inflammatory, contain profanity, or that aren't constructive. Our site WELCOMES constructive criticism, suggestions, feedback and advice, however, turf wars, personal attacks on organizers or blatant false reports will be moderated.
Removal of Content
Subject to, and without waiver of, any of the foregoing legal disclaimers and limitations on any liability, The Moms on Main LLC, in certain situations outlined below, may at its absolute discretion remove Content provided by users or other third parties to the extent:
(1) TriadMomsOnMain.com is presented with a valid court order from a court of competent jurisdiction ordering the removal of the posting;
(2) TriadMomsOnMain.com is presented with a valid court order from a court of competent jurisdiction finding that the posting is slanderous, libelous, defamatory or otherwise illegal;
(3) TriadMomsOnMain.com is presented with a settlement agreement, resolving a dispute between the poster and any third party(ies) complaining about the posting, mandating that the posting be removed;
(4) The posting contains vulgar, profane, or obscene language;
(5) The posting contains adult material, including but not limited to, graphic images, written images, or links thereto;
(6) The posting is not the type of posting for which the Site is intended, namely rating consignment sales and businesses;
(7) The posting contains the last name or family name of an individual (first names are allowed);
(8) Multiple copies of the same posting, or more than one review for a single sale by a single user; or
(9) The posting contains written communications between any parties.
(10) The posting contains references, such as names or domain names, to any other sale besides the sale that is the subject of the posting.
(11) The posting was written or altered in exchange for the offer of monetary consideration, whether in the form of goods, services, or monies.
If you believe that a user has posted material which meets one of the above conditions, email or write to us at the address provided below.
Inclusion of Sale Listings & Ratings & Reviews
TriadMomsOnMain.com reserves the right to reject or remove sale listings from our site at its sole discretion. If a sale owner wishes to have their sale listing removed from the site, they may do so by emailing info@TriadMomsOnMain.com. Owner removed listings will be ineligible for future postings for a minimum of 12 months, at the discretion of TriadMomsOnMain.com.
If you believe that a user has posted Content which violates our Content guidelines, email or write to us at the address provided below.
Certain links on our website such as various product advertisements or bargain or coupon deals link to third party sites. When you click on certain links, you may be visiting a third party advertiser website in the current browser window or in a new browser window.
Warranties, Disclaimers, and Limitations of Liability.
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. TRIADMOMSONMAIN.COM MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. TRIADMOMSONMAIN.COM FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM TRIADMOMSONMAIN.COM OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
TRIADMOMSONMAIN.COM DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF TRIADMOMSONMAIN.COM OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
TRIADMOMSONMAIN.COM FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
TRIADMOMSONMAIN.COM ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH TRIADMOMSONMAIN.COM RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
You agree to indemnify, hold harmless, and defend TriadMomsOnMain.com, Inc., it subsidiaries, affiliates, or any related companies (including those which share substantially common ownership), and its officers, directors, employees, agents, insurers, and representatives of any of them (collectively the “Release Parties”) from any an all claims, demands, actions, causes of action, suits, sums of money, judgments, controversies, and liabilities whatsoever, at law or in equity, arising from or in any way resulting from your use of this Site.
You and TriadMomsOnMain.com are independent contractors, and no agency, partnership, joint venture, employee/employer or franchiser/franchisee relationship shall be deemed to exist, or is intended to exist by this Agreement.
You agree that in the event a dispute arises concerning your use of TriadMomsOnMain.com, or any other program or service offered by The Moms on Main LLC., that such dispute shall be resolved via an arbitration process. Unless the parties specifically agree otherwise in writing, such arbitration shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Further, you agree that any such arbitration shall be settled on an individual basis, and unless the parties agree otherwise in writing shall not be consolidated in any arbitration or suit with any claim or controversy of another party. You agree that all arbitration proceedings will be conducted at Winston-Salem, NC. You further agree that any interim or preliminary relief sought shall be brought in a court of competent jurisdiction in the County of Forsyth, North Carolina.
Choice of Law
You agree that any dispute arising under this Agreement shall be governed by the laws of the state of North Carolina.
No Guarantee of Continuous Use
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be stopped due to factors outside our control.
In the event one part of this Agreement is found to be invalid, the other provisions shall remain valid and enforceable.
Your use of this Site signifies your agreement to be bound by the terms of this Agreement.
The Moms on Main LLC (TriadMomsOnMain.com)
193 Heathcliff Place
Winston-Salem, NC 27104