Terms of Use | Center M

Center Mom, Inc.

App Terms of Use

1. Overview

These terms of use (“Terms of Use”) are entered into between you and Center Mom, Inc. (“Center M,” “we,” or “us”). The Terms of Use govern your access to and use of the Center Mom app, Center M, and any other website, social media pages, apps, or other digital medium owned or operated by Center M (the “App”), including any content, functionality, services, contests, and products offered on or through the App.

By using the App, you consent to and agree to be bound by and comply with these Terms of Use. Center M may terminate your ability to use the App without notice if you do not comply with the Terms of Use. If you do not agree to these Terms of Use, you must not access or use the App.

Center M reserves the right to make changes to the App and to the Terms of Use at any time. All changes are effective immediately when posted. Your continued use of the App following the posting of the revised Terms of Use means that you accept and agree to the changes.

All information Center M collects on the App is subject to our Privacy Notice. By accessing or using our App or products, you also acknowledge having read our Privacy Notice , which contains details relating to our collection, use, and disclosure of your personal information.

All App Content (as defined in Section 9 below) is current as of the date it is posted on the App to the best of Center M’s knowledge.

2. Limited License and Prohibited Uses

Center M grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the App Content as an informative resource and to participate in a research study while using the App. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of App Content without prior permission of Center M is strictly prohibited. You may not download, print, copy, distribute, or otherwise use App Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks (as defined in Section 9 below) or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the App Content.

You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree that you will not:

Use the App in any way that violates any applicable law or regulation.
Use the App for the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way.
Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms of Use.
Transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
Impersonate or attempt to impersonate Center M, any Center M employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by Center M in its sole discretion, may harm Center M or users of the App or expose them to liability.
Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App.
Use any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App.
Use any manual process to monitor or copy any material on the App or for any other unauthorized purpose without Center M’s prior written consent.
Use any device, software, or routine that interferes with the proper working of the App.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer or database connected to the App.
Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the App.

3. Account Registration

For some aspects of our App, you may need to register an account with us. It is a condition of your use of the App that all information you provide is complete, current, and accurate. Center M can terminate your registration at any time for any reason.

4. Use and Protection of Login Credentials

You are responsible for maintaining the confidentiality of your username and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify Center M immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. Center M reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Center M’s opinion, you have violated any provision of these Terms of Use.

5. Use by Minors

We do not knowingly collect personal information from minors under the age of thirteen (13) years without the consent of their parents or guardians. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors without such consent, upon proper notice, authority, and necessary confirmation of such, we will work to promptly delete this information.

6. Mobile App

Center M provides its services through a web-based mobile application. Your use of any Center M app shall be governed both by these Terms of Use and our Privacy Notice[EHN2] , and by any end user license agreement or other agreement specific to a particular app.

7. Feedback and Testimonials

You are under no obligation to provide any reviews, comments, suggestions, ideas, feedback, and recommendations (“Feedback”) to us. By providing any Feedback to Center M, you grant us and our service providers, and each of their and our licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, create derivative works, and otherwise disclose to third parties any such material for any purpose.

If you submit Feedback to us, you represent and warrant that:

You own or control all rights in and to the Feedback and have the right to grant the license granted above to us and our service providers, and each of their licensees, successors, and assigns.
All of your Feedback does and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any Feedback you submit or contribute, and you, not Center M, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any Feedback.

8. Intellectual Property

The App and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“App Content”) are the property of Center M or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.

The Center M name and related logos are trademarks and service marks (“Marks”) of Center M. Center M Marks may not be used without advance written permission of Center M, including in connection with any product or service that is not provided by Center M, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Center M. Other products or company names mentioned on the App may be trademarks or service marks of their respective owners.

If you believe that any content on the App violates your intellectual property rights, please notify Center M as described in Section 9.

9. Copyright

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim by contacting our designated Copyright Agent at info@CenterM.org or:

Center Mom, Inc.

2128 E Mill Plain Blvd

Vancouver, WA 98661

United States

Please see 17 U.S.C. § 512(c)(3) for the general requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

We may, at our sole discretion, limit access to the App and/or terminate the account of any user who repeatedly infringes any intellectual property rights of others.

10. Third Party Content and Links to Other Websites

This App may include links that allow you to access websites or other online services that are owned and operated by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Center M. Center M is not responsible for the content or accuracy of any materials provided by any third parties, any products or services made available through third parties, or your use of or interaction with third parties. The inclusion of an external link on this App does not constitute or imply support or endorsement of any kind. If you decide to access a third party’s website(s) linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy notice for such websites.

11. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE APP AND TRANSACTIONS RELATED TO THE APP ARE AT YOUR SOLE RISK. WHILE CENTER M ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE APP, THIS APP IS PROVIDED ON AN “AS-IS” BASIS. CENTER M MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS APP OR ANY OTHER WEBSITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, CENTER M DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

12. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, CENTER M, ITS DIRECTORS, ITS CONTRACTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR MISUSE OF THIS APP, OR ANY WEBSITE FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS OF USE IS TO STOP USING THE APP. CENTER M WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE APP IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

CENTER M’S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR ITS CONTENTS WILL NOT EXCEED $100.

13. Indemnification

You agree to defend, indemnify and hold harmless Center M, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third-party claims, expenses and fees (including reasonable attorneys' fees), arising from or relating to your violation of these Terms of Use or your use or misuse of the App, including, but not limited to, your content and any use of the App Content and services other than as expressly authorized in these Terms of Use.

14. Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Injunctive Relief

You agree that a breach of these Terms of Use will cause irreparable injury to Center M for which monetary damages would not be an adequate remedy and Center M shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

16. Waiver and Severability

No waiver by Center M of a term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Center M to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of the Terms of Use will continue in full force and effect.

17. Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and Center M with respect to the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the App.

18. Term and Termination

These Terms of Use will remain in full force and effect while you use the App. Even after you are no longer a user of the App, those provisions of these Terms that by their nature are intended to survive will remain binding on you.

You agree that Center M, in its sole discretion, may suspend or terminate your access to the App (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

19. Applicable Law and Class Action Waiver

The parties will negotiate in good faith to resolve expeditiously on a mutually acceptable negotiated basis between appropriate management personnel or individual for each party any dispute between them that may arise. The parties may, by mutual consent, retain an arbitrator to aid in their attempt to resolve any dispute. Costs of the arbitration will be borne equally by the parties, except that each party will be responsible for its own expenses. Should any dispute not be resolved pursuant to this paragraph of these Terms, the parties agree to submit to the exclusive jurisdiction of the courts located in Multnomah County, Oregon to resolve any dispute arising out of these Terms or your access to or use of the App or our services, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, without giving effect to any principles of conflicts of laws.

THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, ANY ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

20. Communications and Contact Information

Center M may contact you regarding these Terms of Use or the Privacy Notice using any contact information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive communications from Center M, you can click on the “unsubscribe link” provided in such communications or contact us at the address below.

For all other feedback, comments, requests for technical support, and other communications relating to the App, these Terms of Use, and the Privacy Notice, please contact us at info@CenterM.org or:

Center Mom, Inc.

2128 E Mill Plain Blvd

Vancouver, WA 98661

United States

The Effective Date of these Terms of Use is January 2024.