The following Terms of Use (“Terms”) constitute an agreement between The Seasoned Mom LLC (“Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (“Website”), located at https://www.theseasonedmom.com/. In the Terms, we may refer to the written, audio, photographic, and video content on the Website, including any content published by the Company in newsletters or available through paid products or free resources, as the “Company Content.”
By using this Website or the Company Content, you accept and agree to be bound and abide by these Terms.
CHANGES TO THESE TERMS
Company reserves the right to modify, alter, amend, or update its Website, the Company Content, its policies, and these Terms. These Terms are subject to change without notice. All changes are effective immediately upon posting. If you do not agree with or do not accept any part of these Terms, you must not use the Website or interact with the Company Content.
Your continued use of the Website or Company Content following any changes to the Terms means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.
ADDITIONAL POLICIES INCORPORATE INTO THESE TERMS
Any additional policies or terms adopted by Company may be incorporated into these terms by reference. This includes:
- Privacy Policy, located at https://www.theseasonedmom.com/privacy-policy/, which defines Company’s practices related to consumer privacy and data usage.
- Disclaimer, located at https://www.theseasonedmom.com/contact/, which reviews Company’s liability for aspects of the Company Content
PERMITTED USERS
This Website is meant for users over 16 years or older. By using this Website, you represent and warrant that you meet this eligibility requirement. If you do not meet this requirement, you must not access or use the Website or Company Content.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all Company Content. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
- Republication, redistribution, sale, rental, or sub-licensing the Company Content;
- Reproduction or duplication of any Company Content for commercial purposes;
- Modification of any Company Content.
Provision of any Website functionality to share Company Content to social media does not constitute any waiver of Company’s intellectual property rights. These tools provide you with a limited license to republish the content on the approved social media channels only with full credit to Company.
PROHIBITED USES OF THE WEBSITE
You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You may not use the Website to link third-party content in a way that is unfair or deceptive.
You must not use the Website for any third-party marketing without Company’s express written permission.
ARTIFICIAL INTELLIGENCE
Company does not consent to the use of any portion of the Company Content being used in any format, in whole or in part, for the development, training, or operation of artificial intelligence or other machine learning systems, unless authorized by Company through a separate agreement. Any unauthorized use of the Company Content or Website in violation of this prohibition will be considered a breach of these Terms and may be a breach of our rights under copyright laws of the United States.
INTELLECTUAL PROPERTY RIGHTS
Copyright
Unless otherwise noted, the design, content, and all components of the Website and Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.
Trademarks
Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.
From time to time, the Company Content will legally utilize or reference trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.
Content Contributed to the Website
In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company’s rights under the Terms, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
Grant of Rights
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website or Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
In the event that you contribute any comments or suggestions regarding the Website or Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
CONTRIBUTION POLICY – COMMENTS AND RATINGS
The Federal Trade Commission has enacted rules related to handling online consumer reviews. The Website offers the ability for users to leave reviews through comments and ratings, which may be considered consumer reviews under the FTC’s definitions. Pursuant to the FTC’s rules, Company has enacted the following policies related to consumer reviews.
Company does not knowingly publish false reviews or testimonials in the Company Content. To the best of Company’s knowledge, all comments and/or ratings were left by individuals who have experience with Company Content. Company does not pay for comments or reviews.
Company does not suppress negative reviews, such as comments or ratings. Under the FTC’s rules, a negative review is not considered suppressed if Company applies the same criteria for withholding reviews to all submissions. Company adopts the following policies related to any deletion of any submissions, such as comments, reviews, or other forms of testimonials.
- Company reasonably believes the review, including any star ratings or written text, is fake.
- The review is not related to the products or services for which it was made.
- The review contains content in violation of Company’s policies, which prohibit: inclusion of trade secrets or confidential information; defamatory, harassing, abusive, obscene, vulgar, or sexually explicit content; the personal information or likeness of another individual; content that is discriminatory with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; or, the content is clearly false or misleading.
Any submissions in violation will be promptly deleted and no further explanation will be due to you if your contribution is determined to be in violation of this policy.
AFFILIATE MARKETING
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC’s requirements related to disclosure of endorsements.
CHANGES TO THE COMPANY CONTENT
Company reserves the right to modify any Company Content or the Website at any time; however, Company does not guarantee that the Company Content is complete or up-to-date. The Company Content may be out of date and Company is under no obligation to update any Company Content at any time.
COMMUNICATION
If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
MONITORING AND ENFORCEMENT
Company has the right to:
- Take any action with respect to any contribution made to the Website.
- Disclose your identity (if known) or other information regarding your usage of the Website to any third party who claims that any contribution you make to the Website violates their rights, including their intellectual property rights or right to privacy.
- Take appropriate legal action for any illegal or unauthorized use of the Website.
Company does not, however, review all contributions to the Website prior to posting and cannot ensure prompt removal of objectionable contributions. Company assumes no liability for any action or inaction regarding contributions from a third party.
TERMINATION
The Company reserves the right, in its sole discretion, to immediately terminate your access to the Website or Company Content without notice to you.
LINKS FROM THE WEBSITE
Any links on the Website are provided for your convenience only. This includes links in advertisements or sponsored content. Company is not responsible for the content on any pages linked on the Website and accepts no responsibility for your use of such links.
THIRD PARTIES
The Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked in the Company Content, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.
NO WARRANTIES
The Company Content is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website or the Company Content.
Company makes no warranty the Company Content will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website and Company Content are written in English and Company makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
DISPUTE RESOLUTION
If there is any controversy, claim, action, or dispute arising out of or related to your use of the Company Content or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), you and Company agree to resolve the Dispute through the dispute resolution procedures set forth herein, even if the Dispute arose prior to the Effective Date of these Terms.
Informal Negotiation
In the event of a Dispute, you agree to first attempt to negotiate with Company by sending Company a written notice outlining the nature of the Dispute. Company will respond within 45 days so they parties may engage in an information negotiation related to the Dispute. If, within 90 days, the Parties are unable to reach a resolution, arbitration is required, as described below. This informal negotiation period is a condition precedent that must be satisfied prior to filing any arbitration claim.
Binding Arbitration (“Arbitration Agreement”)
a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.
You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to 8133 S. Blue Ridge Tpke., Rochelle, VA 22738. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.
e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.
g. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.
i. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.
j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.
Consent to Data Collection. These Terms of Service incorporate our Privacy Policy, which discloses how we, our vendors, and our service providers collect and use data when you use the Site and/or mobile applications. You hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy (including any links to other policies therein). You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site.
Limitations on Liability. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
CHOICE OF LAW AND FORUM
The Terms shall be governed by the laws of the State of Virginia. You agree to personal jurisdiction therein.
To the extent that any Dispute is not governed by the Arbitration provision above, you agree that the courts of Virginia will have jurisdiction. You agree that any claims will be brought and maintained on an individual basis and not as part of any class, consolidated, collective, or representative capacity, and that you waive the right to a jury trial.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms may not be assigned by you without Company’s prior written consent; however, the Terms may be assigned by Company in its sole discretion.
The Terms are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company; however, Company may make modifications as stated above.
All notices with respect to the Terms must be in writing and may be via email to blair@theseasonedmom.com or Company and to your email address.
UPDATED: January 24, 2025
