MotherWorks Sites are defined as any Web sites under MotherWorks’s control, whether partial or otherwise and include the MotherWorks services. MotherWorks services include an on-line service to post and search employment opportunities.
To access or use MotherWorks, you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use MotherWorks. Except as set forth above, or as otherwise approved by us, MotherWorks is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use.
Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
We may change, suspend or end any of our services, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
Links to Third-Party Websites
You are responsible for deciding if you want to access or use third-party apps or sites that link from our services. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave MotherWorks, our terms and policies do not govern your use of third-party websites. Third-Party Content, Sites, and Apps
Third-party content made available through MotherWorks means any information, including salaries, company reviews, interview reviews, company photos, employer responses, job ads, employer profile information advertisements, comments, opinions, data or other materials you find on MotherWorks. Because we do not control such Content you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information. Except to the limited extent it may be required by applicable law, MotherWorks is not responsible for these other sites and apps – use these at your own risk. In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent of similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on MotherWorks.
You represent and warrant that you will use MotherWorks solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties.
You agree that you will not:
Rights to MotherWorks Content
MotherWorks contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and MotherWorks owns and retains all property rights in MotherWorks. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from MotherWorks solely for your personal use in connection with using MotherWorks. Except as provided in the foregoing, you agree not to: reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on MotherWorks or the Content. The trademarks, logos and service marks("Marks") displayed on MotherWorks are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of MotherWorks, including due to or arising from your breach of any provision of these Terms.
Disclaimer and Limit of Liability
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of MotherWorks. We are not responsible for any incorrect, inaccurate, or unlawful Content posted on MotherWorks, whether caused by users or by any of the equipment or programming associated with or utilized in MotherWorks. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on MotherWorks or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with MotherWorks. Under no circumstances shall we be responsible for any loss or damage resulting from the use of MotherWorks or from any Content posted on MotherWorks or transmitted to users whether online or offline.
TO THE EXTENT ALLOWED UNDER LAW, MOTHERWORKS AND ITS AFFILIATES (AND THOSE THAT MOTHERWORKS WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCRACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
Exclusion of Liability
You hereby release MotherWorks from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.
TO THE EXTENT PERMITTED UNER LAW (AND UNLESS MOTHERWORKS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), MOTHERWORKS AND ITS AFFILIATES (AND THOSE THAT MOTHERWORKS WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT MOTHERWORKS LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF MOTHERWORKS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MOTHERWORKS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF MOTHERWORKS OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Both you and MotherWorks may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use our services. All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of MotherWorks. For the avoidance of doubt, you agree that these Terms apply to your use of MotherWorks any time prior to the termination or expiration of these Terms.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from MotherWorks. If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid Maryland subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent, Pamela R. Chaney, Esq. located at 1206 Frederick Rd, Catonsville, MD 21228. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the state courts located within Baltimore County, Maryland or federal court in the United States District Court for the District of Maryland, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND MOTHERWORKS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND MOTHERWORKS 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. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Governing Law. These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of MotherWorks, shall be governed by the laws of the State of Maryland without giving effect to any conflict-of-laws principles that may otherwise provide for
the application of the law of another jurisdiction. The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the "Agreement to Arbitrate" provision below. For any claim, dispute, or other legal proceeding not subject to the "Agreement to Arbitrate" provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Baltimore County, Maryland or federal court in the United States District Court for the District of Maryland, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
Agreement to Arbitrate. If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and MotherWorks each agree that any and all disputes between consumer users of MotherWorks and MotherWorks arising under or related in any way to these Terms and such users' use of MotherWorks must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution" section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.
Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of MotherWorks by companies or other legal entities; or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by MotherWorks against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) a party's right to 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.
If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.
Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to MotherWorks should be sent to MotherWorks’s resident agent, Pamela R. Chaney, Esq. located at 1206 Frederick Rd, Catonsville, Maryland 21228. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If MotherWorks and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MotherWorks may commence formal proceeding.
Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), if applicable, as modified by this section. The AAA's rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or MotherWorks shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Baltimore County, Maryland. For any claim where the total amount of the award sought is $10,000 or less, you and MotherWorks may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and MotherWorks subject to the arbitrator's discretion to require an in-person hearing.
In cases where an in-person hearing is held, you or MotherWorks may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same MotherWorks user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this "Arbitration" section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and MotherWorks. We will notify you of changes to this Arbitration section by posting the changes on MotherWorks at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may terminate this Contract at any time with notice. On termination, you lose the right to access or use our services.
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of MotherWorks and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether
express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with MotherWorks’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."
How to Contact Us
Please contact us with any questions regarding these Terms by email at email@example.com or mail at 2 W Pennsylvania Ave, Suite 200 Towson, MD 21204.