MomsRising.org Terms of Use
Effective as of February 8, 2021
1. Introduction, Donation Information
Our MomsRising movement is powered by two separate organizations, MomsRising Together, a 501(c)(4) social welfare organization, and MomsRising Education Fund, a 501(c)(3) public charity. The MomsRising website (momsrising.org) and our other online services that reference these Terms of Use (collectively the “Service”) are operated by MomsRising Together, but may also contain content or services offered by MomsRising Education Fund. As a charity, the MomsRising Education Fund is nonpartisan and does not support or oppose any candidate for elected public office; any such content is the responsibility of and is paid for by MomsRising Together.
Please note that the contributions currently accepted through the Service are for MomsRising Together and are not tax deductible for federal income tax purposes, as MomsRising Together is a non-profit 501(c)(4) organization. Donations to MomsRising Together have significant impact because these donations can support advocacy and organizing efforts with fewer restrictions than donations to a charity. Financial and other information about MomsRising Together’s purpose, programs and activities can be obtained by contacting Tola Sanni at 3717 Boston St #313; Baltimore, MD 21224. For additional state-specific disclosures, please see https://www.momsrising.org/state-specific-disclosures.
If your donation is related to a specific activity of MomsRising Together, it is possible we may be unable to use your contribution for that activity, either because of oversubscription or for another unforeseen reason. If so, it is our policy to use your contribution for other programs or activities of MomsRising Together. If you have questions about alternative ways to donate, please contact us at donors@momsrising.org.
These Terms of Use describe the terms under which MomsRising Together and MomsRising Education Fund (collectively “MomsRising,” “we,” or “us”) provide the Service
By using the Service, you accept the MomsRising.org Terms of Use and the following terms, conditions, and policies, including any future amendments thereto (collectively, the “Agreement”):
Intellectual Property Infringement Policy
SMS Terms and Conditions, if you opt to receive text messages
Changes and Modifications. We may change or amend these terms from time to time. If we make material changes to our terms, we will notify you that our terms have changed, either through the user interface, in an email message, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute your consent to the changed terms. If you do not agree to the change(s), you must immediately stop using the Service; otherwise, the new terms will apply to you. As long as you comply with this Agreement, MomsRising grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
Links To Other Sites. The Service may contain links to other independent third-party websites. MomsRising is not responsible for and does not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites.
2. Description Of Service
General Description. The Service is a community platform for individuals interested in building a more family-friendly America. From emailing letters to leaders and meeting in-person, to reading about the issues and watching videos, to sharing stories and making phone calls, along with many other ways of influencing the debate on issues that matter the most to them, the Service gives users many avenues to take action, learn, and have their voices heard.
Age Restrictions. MomsRising does not permit users younger than 13 to use the Service, and does not knowingly collect information from children under 13 years of age. Users between 13 and 18 years of age may utilize a MomsRising account established by their parent or legal guardian, or may otherwise use the Service, only with such parent or guardian’s approval, and only if no parental consent beyond that contemplated in these Terms of Use is required in your jurisdiction. If you permit your child or legal ward between 13 and 18 years of age (“Child”) to use the Services, you hereby agree to these Terms of Use on behalf of both yourself and your Child. You further agree that you are solely responsible for any and all use of the Service by your Child regardless of whether such use was authorized by you.
3. Conditions Of Use And User Conduct
While using the Service, you agree that you will NOT:
• Use the Service for any commercial purpose, or use any automated means to access or retrieve information from the Service (aside from personal, noncommercial use of an RSS reader to retrieve blog postings).
• Use the Service to harass, threaten, impersonate, or intimidate anyone.
• Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Upload, post, email, transmit, or otherwise make available any content that is in violation of copyright or trademark law – or any other law protecting intellectual property in any jurisdiction – or that violates an individual’s publicity or privacy rights.
• Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
• Upload, post, email, transmit, or otherwise make available any malware, adware, spyware, viruses or any software of a destructive or malicious nature.
• Violate any laws in your jurisdiction (including but not limited to intellectual property laws).
• Use the Service for any illegal or unauthorized purpose. You agree to comply with all laws in all applicable jurisdictions (including your own jurisdiction) regarding online conduct and acceptable content.
Any violation of the above rules will constitute a material breach of these Terms of Use, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of the Service.
4. User Generated Content
The Service allows you to upload, transmit, publish, disseminate, and/or otherwise make available blog posts, comments, text, photographs, videos, and other multimedia content (“User Content”), including for the purposes of sharing such content through the Service.
All bloggers must agree to MomsRising’s blogging guidelines. A current version of these guidelines is available at: https://www.momsrising.org/sites/default/files/MomsRising%20Blogger%20How-To.pdf. Bloggers must keep posts related to parenting, caregiving and/or family-related issues. Blog posts (and all other User Content) must be non-commercial in nature; may not contain advertising for any kind of product, including books; and must not support or oppose any candidate for public office. We welcome use of images in blog posts, but all images must be properly permissioned and credited. Cross-posting of articles you have authored is permitted, if you have permission to do so and include the entire article you’re cross posting, a brief description of why the article would be of interest to MomsRising readers, and a link back to the original article. Because the content on our site is editorial in nature, we do not use or allow contributors to our site to use the rel=nofollow attribute on our site.
When you make copyrightable User Content available on or through the Service, you retain ownership of any copyright you claim to your User Content. You also represent and warrant that – with respect to all User Content that you submit or otherwise make available through the Service – (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly (including by means of digital audio transmission), distribute, and/or otherwise exploit such User Content in connection with the Service (and to grant to MomsRising the licenses set forth in this Agreement), and (b) the User Content will not infringe or otherwise violate the rights of any third party including, but not limited to, the copyright, trademark, privacy, and/or publicity rights of any third party. If you provide MomsRising with content via link (e.g., a video file), you grant MomsRising permission to download the linked content for the purposes set forth herein.
By submitting User Content as set forth above, you hereby do and shall grant to MomsRising (and its successors, assigns, partners, affiliates, and third party service providers) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform (including by means of digital audio transmission), and otherwise exploit your User Content on and in connection with the Service, and for any purpose and in any medium, by any means currently existing or yet to be devised. You also hereby grant to each user of the Service a non-exclusive license to access, view, share, and link to your User Content, including via social media.
MomsRising does not guarantee access to and/or hosting of User Content that is shared via the Service, and may disable, remove or discontinue hosting any content at any time, and for any reason or no reason.
5. Intellectual Property Infringement
If you believe that any user of the Service is infringing your intellectual property rights, please contact us at copyrights@MomsRising.org. You may review our IP policy for more details on how to properly notify us about claimed infringement: https://www.momsrising.org/intellectual-property-infringement-policy.
6. Our Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, items we sell or give away (e.g., t-shirts), and computer code (collectively, “MomsRising Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such MomsRising Content, contained on the Service is owned, controlled, or licensed by or to MomsRising Together or MomsRising Education Fund, as applicable, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights.
Except as expressly provided in this Agreement or otherwise permitted by law, no MomsRising Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed (including by means of a digital audio transmission), encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without express prior written consent of MomsRising Together or MomsRising Education Fund, as applicable.
7. Violation Of This Agreement - Termination
You agree that MomsRising may, in its sole discretion and without prior notice, immediately terminate your access to the Service and/or block your future access to the Service at any time and for any reason, including if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Service. Please note that it is MomsRising’s policy to terminate the accounts of users who violate the copyrights, trademark rights, or other rights of third parties.
If MomsRising takes any legal action against you as a result of your violation of these Terms of Use, MomsRising will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action – in addition to any other relief granted to MomsRising. You agree that MomsRising will not be liable to you or to any third party for termination of your access to the Service.
If MomsRising terminates your access to the Services, these Terms of Use shall terminate. In addition, either party may terminate these Terms of Use upon written notice to the other. If these Terms of Use terminate for any reason, any data associated with your account, including User Content, may be deleted without further notice to you; all rights and licenses granted to you herein shall immediately terminate; and your right to continue to access the Service shall be automatically revoked. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.
8. Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOMSRISING AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (IF ANY) (THE “MOMSRISING AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. MOMSRISING AND THE MOMSRISING AFFILIATES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (D) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (E) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOMSRISING OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOMSRISING AND THE MOMSRISING AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE; OR ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (A) ANY CHANGES THAT MOMSRISING MAY MAKE TO THE SERVICE; (B) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; OR (C) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT MOMSRISING AND THE MOMSRISING AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. Exclusions And Limitations
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, THE MOMSRISING AFFILIATES’ LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Indemnification
You agree to defend, indemnify and hold harmless MomsRising and/or the MomsRising Affiliates from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including without limitation attorneys' fees) that arise directly or indirectly out of or from: (i) your violation of these Terms of Use, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Content; and (iv) any activity related to access to or use of your account by you or any other person. MomsRising reserves the right, but has no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER
Please read this section carefully; it affects your rights.
Summary:
Most disputes can be resolved informally. If you have a concern, please contact us. In the unlikely event that we are unable to resolve your concern to your satisfaction (or if we haven’t been able to resolve a dispute that MomsRising has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. Whether to agree to arbitration is an important decision, and in making it you should not rely solely on the information in this agreement. You may opt out of this arbitration provision by following the instructions below.
Arbitration Agreement:
(1) MomsRising and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted and expressly includes claims brought under any statute, regulation, or legal or equitable theory. It includes, but is not limited to:
- Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- Claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
- Claims that are currently the subject of purported class action litigation in which you aren't a member of a certified class; and
- Claims that may arise after the termination of this Agreement.
References to "MomsRising", "you", "we", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court if its claims are within that court’s jurisdiction and are pending only in that court. You agree that, by entering into this Agreement, you and MomsRising are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Use.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to MomsRising should be addressed to: 12011 Bel-Red Road – Suite 206, Bellevue, WA 98005 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If MomsRising and you don't reach an agreement to resolve the claim within 30 days after the Notice is received, you or MomsRising may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by MomsRising or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or MomsRising is entitled.
(3) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 800.778.7879.
The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of the arbitration provision. Unless MomsRising and you agree otherwise, any arbitration hearings will take place in King County, WA. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
(4) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND MOMSRISING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. Further, unless both you and MomsRising agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(5) Notwithstanding any provision in this Agreement to the contrary, we agree that if MomsRising makes any future change to this arbitration provision (other than a change to the Notice Address) during the term of these Terms of Use, you may reject any such change by sending us written notice within 30 days of change to the Notice Address provided above. By rejecting any future change, you're agreeing that you'll arbitrate any dispute between us in accordance with this provision.
(6) HOW TO OPT OUT OF ARBITRATION: You may opt out of this arbitration provision by sending a letter to the Notice Address referenced above, and providing each of the following pieces of information: (a) your full name; (b) your address; (c) your phone number; (d) the URL where you found this agreement; and (e) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these Terms of Use.
(7) If for any reason a claim proceeds in court rather than in arbitration, you agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue.
13. General Terms
Entire Agreement. This Agreement is the entire legal agreement between you and MomsRising. It governs your use of the Service and completely replaces any prior agreements between you and MomsRising with respect to the Service.
Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Washington without regard to its conflicts of laws provisions.
Statute Of Limitations. You agree that regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.
Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If MomsRising does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. MomsRising may assign or delegate all rights and obligations under the Agreement, fully or partially.
Notices. MomsRising may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or through postings to the Service. MomsRising’s mailing address is 12011 Bel-Red Road – Suite 206, Bellevue, WA 98005. If you have general questions, comments, or concerns regarding these Terms of Use, please contact us in writing at terms@MomsRising.org or at our mailing address noted above.
Third Party Beneficiaries. Each MomsRising Affiliate is an intended third party beneficiary to this Agreement and shall be entitled to directly enforce and rely upon any provision of the Agreement that confers a benefit on them. Other than this, no other person shall be a third party beneficiary to the Agreement.