Terms of Use

General  

Access to and use of this website and the information offered herein are governed by these Terms of Use (the “Agreement”). By accessing or using any pages of this website, www.muscogeemoms.com (the “Website”), you consent to be bound by the Agreement and acknowledge your agreement to its terms. If you do not agree to be bound by this Agreement, you may not use the Website or any information provided herein. Muscogee Moms, LLC may modify this Agreement from time to time and such modification shall be effective upon posting by Muscogee Moms, LLC on the Website. You agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Eligibility

Use of the Website and any software or services provided therein (collectively the “Services”) is void where prohibited. By using the Website or Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or have your parent’s permission to use the Website; and (d) your use of the Website and/or Services does not violate any applicable law or regulation.

Choice Awards Disclaimer

The Choice Awards survey is provided for informational purposes only as a service of Muscogee Moms LLC. The finalists are selected by our fans during an open nomination process. The businesses listed here do not constitute or imply an endorsement, recommendation, or favoring by Muscogee Moms LLC.

Muscogee Moms, LLC’s Proprietary Rights

All content, graphics, code, and software used on or incorporated into this Website, and the arrangement or integration of all such content, graphics, code, and software, is subject to copyrights and other proprietary intellectual property rights held by Muscogee Moms, LLC (“Muscogee Moms”) or other parties. You may not sell, publish, advertise or otherwise distribute for commercial purposes any information or materials obtained from the Website. Any use of this Website or content or information contained herein other than for your own personal, non-commercial use is strictly prohibited, unless the written permission of Muscogee Moms is obtained first.

MUSCOGEE MOMS, the MUSCOGEE MOMS logo, LAGRANGE MOMS, the DOUBLE HEART LOGO, and related marks and/or logos are registered trademarks and service marks of Muscogee Moms. All rights in such trademarks and service marks are reserved.

By posting any comments, questions, information, or information requests on or through the Website, you automatically grant to us a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, and irrevocable right to copy, distribute, create derivative works of, publicly perform and display such content. Please note that our use of your personal information is governed by our Privacy Policy.

Appropriate Content and Conduct

You understand and agree that Muscogee Moms may review and delete any data, text, information, graphics, photos, profiles, audio or video clips, links, or other content posted by you (collectively, “Content”) that, in the sole judgment of Muscogee Moms, violate this Agreement, or which might be offensive or illegal, or that might threaten the safety of, violate the rights of, or otherwise harm other users. You are solely responsible for the content that you post on the Website.

If any content you post on the Website contains links to other websites, you represent and warrant that you have the right to post that link or have obtained permission from the applicable website owner to do so.

Muscogee Moms may, but shall have no obligation to, remove content that we determine in our sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or this Agreement. Such illegal or unauthorized content includes content that:

is patently offensive, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
displays pornographic or sexually explicit material of any kind;
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait others into responding); and
solicits passwords or personal identifying information for unlawful purposes from other users.

Other illegal or unauthorized uses of this Website include, but are not limited to:

modifying, adapting, translating, or reverse engineering any portion of the Website;
using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website or information contained therein;
submitting content that infringes, misappropriates, or violates the intellectual property, publicity, privacy or other proprietary rights of any party; or
transmitting any viruses, worms, defects, Trojan horses, or other items of a destructive nature.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Muscogee Moms’ Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Charlotte Bowman, Muscogee Moms, LLC, P.O. Box 5067, Columbus, Georgia 31906-0067 ; and email: [email protected].

Error Correction

Though Muscogee Moms uses reasonable efforts to ensure otherwise, this Website may contain typographical errors or other inaccuracies and may not be complete or current. Muscogee Moms therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time.

Disclaimer of Warranties and Limitation of Liability

Muscogee Moms provides this Website, its contents, and any and all products, services, and information provided herein on an “as is” basis. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. MUSCOGEE MOMS EXPRESSLY DISCLAIMS WARRANTIES OF EVERY KIND, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, QUIET ENJOYMENT, OR PRODUCTS PROVIDED IN CONNECTION WITH OR RECOMMENDED BY THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ACCURACY OF THE INFORMATION CONTAINED THEREIN.

MUSCOGEE MOMS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MUSCOGEE MOMS OR ANY OTHER PARTIES INVOLVED IN CREATING OR MAINTAINING THIS WEBSITE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF MUSCOGEE MOMS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. IN NO EVENT SHALL MUSCOGEE MOMS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED TWENTY DOLLARS ($20).

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD/ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Choice of Law, Waiver, and Claims

By using this Website or accessing any information herein, you agree that your use of the Website will be governed by the laws of the State of Georgia. You also agree that any legal or equitable claim arising from your use of this Website must be brought in the city, state, or federal courts located in Muscogee County, Georgia, and you consent to the exclusive jurisdiction and venue in such courts. Muscogee Moms’ failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement 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 this provision, and the other provisions of this Agreement remain in full force and effect. 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 this Website or products purchased through this Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Notice

You may direct any questions concerning this Agreement or notices required by this Agreement to:

Muscogee Moms, LLC
P O Box 5067
Columbus, Georgia 31906-0067
E-mail: [email protected]

Whole Agreement and Amendment

This Agreement constitutes the entire agreement between you and Muscogee Moms with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Muscogee Moms may amend or modify this Agreement at any time by posting the new terms on its Website. This Agreement may not be otherwise amended except in a written document signed by you and Muscogee Moms.

This agreement was last revised on September 30, 2012.