Updated: Sept. 2019
Welcome to Modamily Inc.’s websites hosted at modamily.com and modamilydonorconcierge.com (together, collectively the “Websites”) and mobile phone applications (the “App”) (together, collectively, the ”Service”). The modamily.com website is a social networking service that connects individuals who are looking for a romantic relationship, platonic co-parenting partnership, or a known donor arrangement. The modamilydonorconcierge.com website is a personal consulting service to help individuals find co-parents, sperm/egg donors, and surrogates. The Service is NOT a fertility, egg donor or sperm donor service and it does NOT offer legal advice relating to co-parenting or custody arrangements and related rights and claims.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.
Access and Compliance
MODAMILY DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS OF THE SERVICE IN ANY WAY. The services offered by MODAMILY through the Service are limited to facilitating introductions between individuals who have represented that they are looking for a romantic relationship, a platonic co-parenting partnership, or a known donor arrangement. MODAMILY strongly recommend that, if any user finds or is introduced to an individual who may be a suitable partner, parent, co-parent, or donor, the user should take all reasonable and sensible precautions and steps to assess such individuals. Any information gained from questionnaires, tests, or communications through the Service are based solely upon information submitted by other users of the Service and MODAMILY make no guarantees as to its correctness, completeness, or accuracy of such user-submitted information and cannot verify or otherwise ascertain the accuracy of such user-submitted information. Users are solely responsible for undertaking steps to check or otherwise ascertain the accuracy of any user-submitted information. Each user is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
Although MODAMILY attempts to maintain the integrity and accuracy of the information on the Service, MODAMILY provides any services on an “as is” basis and make no guarantees as to its correctness, completeness, or accuracy. The Service may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Service by third parties without our knowledge. If you believe that information found on the Service is inaccurate or unauthorized, please inform MODAMILY by contacting us via information provided at the “Contact Us” link. MODAMILY specifically disclaims any implied warranties of merchantability or fitness for a particular purpose. Further, MODAMILY does not warrant that your use of the service will be secure, uninterrupted, always available or error-free, or that the service will meet your requirements or that any defects in the service will be corrected. MODAMILY disclaims liability for, and no warranty is made with respect to, connectivity and availability.
Use of the Service
By using or accessing the Website or App, you agree to the following:
(1) The information posted in any profile you create, including your photograph, is posted by you and that you are the exclusive author of your profile and the exclusive owner of your photographs. You assign to MODAMILY, with full title guarantee, all copyright in your profile, any photographs posted by you, and any additional information sent to MODAMILY at any time in connection with your use of the Service. You waive absolutely any and all moral rights to be identified as author of your profile and owner of your photograph and any similar rights in any jurisdiction in the world. By posting information, photographs or content on any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to MODAMILY, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
(2) You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other members. To protect our users against such conduct, MODAMILY may limit or otherwise control the number of messages that any user may send in a day. You are solely responsible for your interactions with other users of the Service. MODAMILY reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other users of the Service.
(3) You are solely responsible for the content or information you post, publish or display on the Service, or transmit to other users. You shall not post on the Service, or transmit to other users or to MODAMILY or its employees, agents or representatives, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in your profile any offensive language, including but not limited to offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. MODAMILY reserve the right, but has no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section. MODAMILY reserves the right to refuse service to anyone, at our sole discretion.
(4) By becoming a Member/Subscriber/Registrant, you agree to accept and consent to receiving email or other communications initiated from MODAMILY or through MODAMILY including, without limitation: push notifications, alerts, message notification emails and emails informing you about events, emails informing you of changes to the Service and emails informing you of promotions that either MODAMILY provide or that are being provided by third parties. If you choose to respond to promotions that are provided by third parties and in the course of doing so, disclose information to any external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policies. Should you not wish to receive any of MODAMILY’s email communications, please do not register/subscribe to the Service. However, you may opt-out of receiving email communications sent from MODAMILY or through MODAMILY. For push notifications and/or alerts, you will be asked to accept or refuse such notifications after downloading the App. If you deny, you will not receive any push notifications and/or alerts. If you accept, these notifications and/or alerts will be automatically sent to you. If you no longer wish to receive such notifications and/or alerts, you may change your notification settings on your mobile device.
(6) The App utilizes GPS, Bluetooth, or other location-based software on your mobile device to provide you with location-based content such as notifying you if a user is within your general location or has been at or near your current location. If you do not wish to utilize this feature, you should set your device to disable the App from accessing your location data.
All purchases of services from the Service are subject to the following terms and conditions:
The current subscriber and renewal rates offered by the Service are available on the subscription page of modamily.com and modamilydonorconcierge.com. Current subscribers can view their subscription plan including any applicable renewal rate and period on the Account Information page.
Copyrights and Trademarks
The contents of the Website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks are MODAMILY, its affiliates or other third party licensors. Except as stated herein, none of the contents of the Service may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of MODAMILY.
Owners of copyrights or their agents that believe any content on this Service infringes upon said copyrights will submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to MODAMILY immediately upon discovery. Any notices given pursuant to the DMCA shall be given to the designated agent of the Service at firstname.lastname@example.org or via registered, United States mail sent return receipt to:
Attn: DMCA Compliance Agent
750 N. San Vicente Blvd., 8th Flr.
West Hollywood, CA 90069
Limitation of Liability
MODAMILY DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS OF THE SERVICE IN ANY WAY. IN NO EVENT WILL MODAMILY BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MODAMILY OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MODAMILY FOR USE OF THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP/SUBSCIPTION. MODAMILY WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BY NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER USER OF THE SERVICE, OR ANY INDIVIDUAL YOU ARE INTRODUCED TO VIA THE SERVICE. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF USER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION”.
If you have a dispute with one or more of the other users of the Service, you release MODAMILY (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Shall a conflict or contradiction exist between these Terms and any others which relate specifically to a particular section of the Service, the specific terms relevant that section shall prevail.
Any provision of this agreement found to be unenforceable will not void nor effect other provisions of the agreement.
RESOLUTION OF DISPUTES – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with MODAMILY or the use of this Service. Please read this section carefully. Our Customer Service Department, which you can reach at email@example.com can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
Attention: Notice of Dispute
750 N. San Vicente Blvd., 8th Fl.
West Hollywood, CA 90069
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As explained below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here [insert hyperlink – https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&]. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here [insert hyperlink: https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820]. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in Los Angeles County if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in Los Angeles County by clicking here [insert hyperlink: http://www.lacourt.org/division/smallclaims/smallclaims.aspx However, if you initiate a Small Claims case, you are responsible for all your court costs.
Governing Law & Exclusive Venue
If you have any questions regarding these terms or wish to contact us for any matter: