Terms and Conditions

Effective date: January 27, 2021

IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND ENTIRELY AND MAKE SURE YOU UNDERSTAND THIS AGREEMENT AND OUR PRIVACY POLICY BEFORE ACCESSING, USING, SUBSCRIBING OR PLACING ANY ORDER ON WWW.MOMAWELLNESS.COM. THIS AGREEMENT CONTAINS A DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. YOU MAY NOT USE OR ACCESS ANY PARTS OF OUR SITE IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Terms of Service

The entire MOMA Wellness Team would like to thank you for visiting our website, www.momawellness.com (the “website” or the “Site”). The purpose of this website is to be a resource for helpful information related to Health and Wellness. You should be aware that this Site is owned and operated by MOMA Wellness, LLC (“Company” “us” “our” or “we”), a Texas Limited Liability Company within the United States of America.

This web page contains the Terms and Conditions (also referred to as the “Terms of Use” “Terms of Service” “TOS” or “Terms”) that govern your use of the Site and govern your rights and responsibilities in connection with use of the Site. The term "Site" includes the content on the Site and all of the products and services provided on or through the Site. You "use" the Site anytime you access, view, link to or from, or otherwise interact or communicate with or connect to, the Site (or any parts thereof) or interact or communicate with other users through the Site (including, without limitation, on message boards, chat rooms, comments and/or other virtual and/or online communities established on or through the Site). If you do not wish to abide by these Terms, then you may discontinue use of this website at any time. Your continued use and enjoyment of the Site (or any part thereof) indicates that you consent to the entirety of these Terms and Conditions and signifies your agreement to be bound by these TOS, and the Privacy Policy (the "Privacy Policy") https://www.momawellness.com/privacy-policy and, the Privacy Policy is hereby incorporated by this reference into these TOS. These TOS are a binding legal agreement between you and MOMA Wellness, LLC. Please read these TOS carefully before you use the Site. Do not use the site if you do not agree with any of the terms contained herein.
Even though the Site is intended for U.S. residents only, due to the nature of the Internet, the Site may be accessed in other parts of the world. If you are not a U.S. resident and yet use the Site, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not the responsibility of the Company) to make sure that your use of the Site complies with all applicable laws. IF YOU ARE NOT A U.S. RESIDENT, BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO THE US, AND TO THE PROCESSING OF SUCH DATA ON SERVERS LOCATED WITHIN THE UNITED STATES OF AMERICA, WHERE YOUR DATA WILL BE GOVERNED BY U.S. LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION WHICH IS DIFFERENT THAN YOUR COUNTRY.

The Company reserves the right, at its sole discretion, to change, modify, and/or add to these TOS and/or Privacy Policy in whole or in part, at any time, without notice. Changes to the TOS and/or Privacy Policy will be effective when posted. You agree to review the TOS and Privacy Policy periodically to become aware of any and all changes. Your use of the Site or any part thereof after any changes to these TOS and/or Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your only recourse will be to stop using the Site.

Your use of certain Site Services, features, functionality or programs (including, without limitation, challenges, contests, sweepstakes, promotions, wireless marketing opportunities, RSS feeds, etc.) offered on or through the Site may be subject to additional terms and conditions ("Special Rules"), and before you use any such services, features, functionality or other programs you may be required to indicate your acceptance of such additional Special Rules. All Special Rules are incorporated into these TOS as if fully set forth herein.

Your Private Information

Your continued use of this Website indicates that you have read and approved of the way we collect and store your private information as stated in our privacy policy, which is incorporated into this agreement by reference: https://www.momawellness.com/privacy-policy.

General Disclaimer

The content on this website is provided for INFORMATIONAL PURPOSES ONLY. Although we have made every effort to ensure the accuracy of all information posted to this Website, we can make no guarantees as to how the information and advice provided herein will affect any individual including you, personally, and your personal situation or anyone that you may share this information with. If you need or require individual advice or guidance, then you should consult with a professional who can assist you.

Educational Purposes Only

This website is created for educational purposes only and does not provide any professional advice of any kind. Professional advice can only be given with a full understanding of a client’s unique personal situation, and typically can only be given with a license. Accordingly, any recommendations, advice, or information provided on this website should be viewed within the context of general information and education. If you require additional advice or guidance, we recommend you seek out the assistance of a professional in your local area.

No Medical Advice

WHILE THE INFORMATION ON THE SITE IS PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING TOPICS RELATED TO GENERAL AND SPECIFIC HEALTH ISSUES, THE INFORMATION AND CONTENT IN ALL FORMS CONTAINED WITHIN AND AVAILABLE THROUGH AND ON THE SITE IS MADE AVAILABLE WITH THE EXPRESS UNDERSTANDING THAT NEITHER MOMA WELLNESS, LLC, DR. ANGELA MOSLEY (DR. MOSLEY) AND/OR THE OTHER EXPERTS ON THE SITE, NOR THE SITE ITSELF, NOR MEMBERS OF THE SITE ARE DISPENSING MEDICAL ADVICE TO YOU OR ANYONE THAT YOU SHARE THE INFORMATION WITH AND WE DO NOT INTEND ANY OF THIS INFORMATION TO BE USED BY YOU TO DIAGNOSIS YOURSELF NOR TO TREAT YOURSELF. ADDITIONALLY, DR. ANGELA MOSLEY, AND/OR THE OTHER EXPERTS ON THE SITE, THE INFORMATION CONTAINED WITHIN OUR COURSES, PROGRAMS, EVENTS, PRODUCTS AND SERVICES AND ALL COMMUNICATIONS BY THE COMPANY ARE NOT DESIGNED AND NOT INTENDED TO DIAGNOSE NOR TREAT YOU OR ANYONE ELSE OR YOUR SPECIFIC HEALTH CONDITION OR ANYONE ELSES. VIEWING, USING, ACCESSING, PURCHASING OR OTHERWISE CONSUMING ANY OF THE CONTENT, INFORMATION, COURSES, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE DOES NOT ESTABLISH NOR IMPLY A DOCTOR PATIENT RELATIONSHIP BETWEEN YOU AND DR. MOSLEY OR ANY OF THE OTHER EXPERTS ON THE SITE. ALTHOUGH MUCH OF OUR SITE CONTENT, INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED BY PHYSICIANS AND OTHER HEALTH CARE PROFESSIONALS AND EXPERTS, WE ARE NOT A HEALTH CARE PROVIDER. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON ANY INFORMATION CONTAINED ON OR OBTAINED THROUGH THE SITE OR ANY OF THE PROGRAMS OR SERVICES OR OTHER COMMUNICATIONS, DOCUMENTS OR MEDIA PLATFORMS AVAILABLE THROUGH THE SITE OR FROM THE COMPANY, YOU SHOULD CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER TO DETERMINE THE APPROPRIATENESS OF ANY AND ALL INFORMATION AS IT CONCERNS YOU AND YOUR PERSONAL HEALTH AND TO DETERMINE WHAT YOU SHOULD AND/OR SHOULD NOT DO.

Affiliate Disclaimer

Be aware that some of the links contained in our Site are affiliate links. This means that if you click on one of these links and decide to make a purchase, then we will earn a commission as a result of your transaction. We link to these companies and their products because of the quality of their service and/or products, and not because of the commission we receive from your purchases. The decision of whether or not to make a purchase is yours alone and we will not be held responsible for any issues, problems or damages that arise as a result of your use or purchase of any such products or services.

Use of Testimonials

Throughout the Site are testimonials and reviews from past clients and customers of MOMA Wellness, LLC and/or American Medical Advancement Organization, LLC (our affiliate sister company). Your experience on our Site, or with any particular product or service offered or advertised through the Site may not be the same as what is described in any particular review, testimonial or endorsement. The reviews and testimonials are only one person’s experience with our Site and should in no way be construed as a guarantee, promise, or reflection of the feelings of every user, nor should you expect to have an identical experience. We do NOT provide any compensation for testimonials.

Permitted Uses

This site is intended for your personal, non-commercial use only. You may download or print out the information in this site, subject to restrictions outlined below and elsewhere provided for in these Terms and Conditions.

Impermissible Uses

If you would like to do any of the following with any content on our Site, you must have our express written consent:

Use our content for any and all commercial purposes, including selling or licensing printed or digital versions of our content, including posts, articles, videos, podcasts, etc.
Create a “derivative work” as defined by the United States Copyright Act.
Reproduction or duplication of any content on the Website for commercial purposes;
Modification of any content on this website, unless said content is specifically and expressly made available for modification;
Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution;
From time to time, we may utilize various plugins, widgets, or other software that will allow sharing of content via social media, email or other methods. Use of these tools does not constitute any waiver of our intellectual property rights. Use of these tools is a limited license to republish the content of our website on approved social media channels, so long as you do not alter the content, including images, and give full credit to MOMA Wellness, LLC;
You shall 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 our express written permission;
You shall not use the Website to transmit or send any unsolicited commercial communications;
You must not use the Website for any third-party marketing without our express written permission or consent;
Although we would like to, we do not permit the re-posting of our blog posts or articles in their entirety. This is because Google and other search engines may penalize our website for publishing duplicative content. Google often can’t tell which site hosts the original, so we risk getting penalized if we grant this permission;
Finally, we cannot allow the translation and/or publication of our work into/in a language other than English.

Copyright Ownership; Restrictions On Use

The design, content, images, and all other components of the Site and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by MOMA Wellness, LLC and/or its licensors or other third parties, and accordingly, they are protected by the United States and international copyright laws and other intellectual property laws. You may not use or republish any information, content, images or other related data from this website without our express written permission. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and/or to the Site content and/or any portion thereof, except to the extent of your limited rights to use the Site for certain personal (non-commercial) purposes, as set forth below in the section titled “Licenses Granted To You”, subject to the conditions set forth in the “Your Responsibilities” section below and the other terms and conditions of these TOS. Notwithstanding the foregoing, you hereby grant to the Company the rights as set forth in the section " User Submissions; Grant Of License To Moma Wellness, LLC; Your Warranties And Representations" below. Unless expressly authorized by the Company pursuant to these TOS, or unless you have otherwise obtained the Company's written permission (such as for example, but not limitation, as part of specific instructions provided on the Site, including, without limitation, as part of any Special Rules), you agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site and expressly permitted hereunder, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of the Company and/or its licensors (including, without limitation, other Site users who have submitted their own User Submissions) and a violation of these TOS and may subject you to civil and/or criminal liability under applicable laws. Nothing contained in this Terms of Use shall be construed as granting or conferring to you, expressly or impliedly, any rights by license or otherwise, under any patent, copyright, trademark, service mark, trade dress, or other intellectual property rights owned or controlled by the Company except to the extent of your limited rights to use the Site for certain personal (non-commercial) purposes, as set forth below in the section titled “Licenses Granted To You”, subject to the conditions set forth in the “Your Responsibilities” section below and the other terms and conditions of these TOS.

Trademarks

DocMo, DocMo Show, The DocMo Show, and Pure Practice, are all trademarks of MOMA Wellness, LLC and is therefore protected by United States trademark law. By accessing this Site, you agree to abide by and respect the MOMA Wellness, LLC’ trademarks, service marks, and/or trade dress (our collective “intellectual property”), and you further agree that you will be solely responsible for any violations of any relevant laws or infringement of intellectual property rights should you violate those laws. You agree not to use our intellectual property in connection with any product or service that is not an official DocMo, DocMo Show, The DocMo Show or Pure Practice product, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits DocMo, DocMo Show, The DocMo Show, or Pure Practice.

User Generated Content and Related Rules

By using and posting to our Site, you grant us a license to use the materials you post. This means that when you submit or post text, blog posts, comments, articles, drawings, photographs, videos, graphics, or other information, in any form or medium, to our Site or the Company or affiliated social media accounts or other communication platforms, programs or media (“User Generated Content”), you are granting our Company and its affiliates, officers, directors, employees, consultants, agents, and representatives a perpetual, irrevocable, and fully-paid license to use, display, or publish the User Generated Content on the Website or any other online or offline platform, to store and distribute the User Generated Content, and to use said content for promotional and marketing purposes as we, in our sole discretion, should choose. We reserve the right to edit, modify, or create derivative works from the User Generated Content. You shall have no rights to said content. Under no circumstances will you be compensated for any User Generated Content. You agree that we may publish or otherwise disclose your name in connection with your User Generated Content. By posting User Generated Content on our Site, you warrant and represent that you own the rights to the User Generated Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Generated Content.

All User Generated Content is the sole responsibility of the person who provided it. We reserve the right to, in our sole discretion, remove, move, block, edit, or refuse any User Generated Content for any reason. Opinions or other statements expressed in User Generated Content are not necessarily the opinions of our Company or Brand.

Defamatory Comments and other Inappropriate Content

In conjunction with your use or our Site, you agree not to upload, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Site or Services, and, if applicable, to delete any such material from our servers. We also intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any other applicable laws.

THE COMPANY IS NOT RESPONSIBLE FOR USER GENERATED CONTENT

You agree and understand that you may be held legally responsible for damages suffered by other Website Users or third-parties as the result of your remarks, information, feedback or other content posted or made available on the Site that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, the Company is not legally responsible for, nor can it be held liable for damages of any kind arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Site.

User Submissions; Grant Of License To Moma Wellness, LLC; Your Warranties And Representations

The Site may enable you to send, post, upload, transmit through webcam or similar functionality or otherwise submit to the Site (including, without limitation, by allowing you to provide the URL of where a particular piece of your content resides), or otherwise display or exchange (including, without limitation, with other Site users) on or via the Site (collectively, "Submit"), your videos, textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your "User Submissions"), and such User Submissions will generally be available to all users of the Site. By submitting your User Submissions on or via the Site you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise therefrom. Except as may otherwise be provided in any Special Rules, it is not the Company's regular, established practice to monitor, control, or have knowledge of the User Submissions Submitted using the Site, but the Company may do so in its sole discretion. When you Submit (or attempt to Submit) your User Submissions on or through the Site, you automatically grant to the Company and its affiliates, an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sublicenseable to multiple tiers of sublicensees, non-exclusive right and license (the "Company License") to display, publicly perform, distribute (including, without limitation, through third-party Web sites, blogs, microblogs and other social networking media and Internet resources), store, transcode, host, cache, maintain, broadcast, webcast, podcast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse, assign, and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in the Company's (or its authorized designees/licensees') sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. The Company License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Site or the Company terminates your access to the Site. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO MOMA WELLNESS, LLC OR TO ANY OF ITS AFFILIATES ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED, HOWEVER, THAT THE COMPANY AND/OR ITS AFFILIATES AND/OR ITS LICENSORS WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE COMPANY LICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO THE COMPANY THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE THE COMPANY AND/OR ANY OF ITS AFFILIATES TO HOST, DISTRIBUTE, DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER RIGHTS UNDER THE COMPANY LICENSE. You acknowledge and agree that: (i) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and (ii) the Company and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Site may be similar or the same as your User Submissions. Because of the public and viral nature of the internet and social media, you should not submit any content or information to the Site or the Company or any platform, media or other form of communication that you do not want to be viewed or heard by others. In connection with all of the User Submissions you Submit to the Site, and any other activities that you conduct on the Site, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to the Company the Company License; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and the Company will not be responsible for such obligations; (iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your User Submissions, nor any of the other activities that you undertake on the Site, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any Applicable laws or these TOS; and (iv) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to the Company upon the Company's request.

The Company is not responsible for any loss, theft or damage of any kind to any User Submissions.

You acknowledge that the MOMA Wellness, LLC does not as a matter of its ordinary practice pre-screen any User Submissions submitted by you or other users of the Site but that the Company (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these TOS or Applicable laws, or if otherwise desired or necessary, as determined by the Company in its sole discretion. The Company shall have the right in its sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Site users' User Submissions) that violate these TOS or are otherwise objectionable, as determined by the Company in its sole discretion, as well as terminate your and/or any Site user's continued access to and/or other use of the Site (including, without limitation, access to and/or use of any of the Services, features or functionality available on or through the Site).

MOMA Wellness, LLC does not control or endorse any User Submissions, and any User Submissions submitted to the Site do not reflect the opinions, views or policies of the Company or any of its affiliates. MOMA Wellness, LLC disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against the Company or any of its affiliates with respect to such User Submissions.

If you remove or delete any of your User Submissions from the Site, that User Submission will be removed from the Site within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and the Company may maintain copies for archival purposes.

The Company reserves the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Site (in whole or in part). You acknowledge and agree that you have no moral rights in connection therewith and no right or interest in any of the revenue generated from such advertisements.

These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Site.

Communication

If you send us an email, respond to one of our emails, register to use our Site, or otherwise provide your email address to the Company in any other way, you consent to receive email communication from us. Notwithstanding the same, you may opt out of these communications as described more fully in our Privacy Policy. You agree that all legal notices sent electronically satisfy our legal burden or requirement to provide written notice.

Licenses Granted To You

Subject to these TOS (including, without limitation, the “Your Responsibilities” section set forth below), the Company hereby grants you, if and only to the extent the necessary functionality is provided to you on or through the Site, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a "License"): (1) the License to access, view and otherwise use the Site (including, without limitation any services provided on or through the Site) for your personal, lawful use only, as intended through the normal functionality of the Site; (2) the License to stream Site content using any of the widgets and/or other digital streaming Internet video players, if any, provided on the Site (any such widget or other digital streaming Internet video player referred to as a "Site Widget"); (3) the License to cut and paste certain code expressly made available to you through the Site (whether such functionality is designated as "sharing" functionality or not) in order to embed, re-publish, maintain, and/or display the specific Site content to which such code relates on your own personal, customized social networking Web page(s), Web blog(s), or microblog(s) (collectively, your "Personal Social Media"), and/or, if the Site provides "widget grabbing and embedding" functionality, to "grab" a Site Widget and embed, re-publish, maintain, and/or display such Site Widget on your Personal Social Media; (4) the License to cut and paste certain code expressly made available to you through the Site, and/or if the Site provides "widget grabbing and embedding" functionality, to "grab" a Site Widget, to forward, as applicable, such code and/or Site Widget to your friends, so that they can view the Site content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of code or Site Widget on their own Personal Social Media or re-forward it to their own friends; (5) if the Site includes a "Send to Friend" tool or similar that allows you to initiate and send to one of your friends an email communication that includes Site content, and the tool is operational, the License to use the tool to request that the Site's servers convey your message to your friend; (6) if the Site includes a "Download" link next to a piece of Site content (including, without limitation, an image, a music track, or an RSS feed), the License to download a single copy of such content to a single computer or other permitted device for your personal, non-commercial use only; (7) if the Site enables you to download Software (any “Software”, “Program”, “Product” or “Course” offered on the Site), the License to install and use one copy of the Software on your personal computer system in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, the Company does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's title and copyright owner (which may be the Company and/or its third party Software licensor) will retain full and complete title to such Software; (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of the Company; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law; (v) because the laws and regulations of the US restrict the export and re-export of commodities and technical data of US origin, including the Software, you will not export or re-export the Software in any form in violation of the laws of the US or any foreign jurisdiction, and in addition, you represent and warrant that you are not a national or resident of any country to which the US has embargoed goods, or on the US Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial and Prohibition Orders; (8) the License to obtain a registered personal account (and related username and password) on the Site and interact with other Site users as part of Site-based chat rooms, message boards, social media networks, online multiplayer games and/or other similar activities; (9) the License to use any other functionality expressly provided by the Company on or through the Site for use by users, subject to these TOS (including, without limitation, functionality to create and/or Submit User Submissions).

Your Responsibilities

Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance, with each of the following: (1) you will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Federal Trade Commission guidelines ("Applicable Laws"), or that infringes or violates any other party's(ies') intellectual property rights or links to infringing or unauthorized content; (2) you will not embed, re-publish, maintain and/or display any Site content (including, without limitation, any of your own User Submissions) on any Personal Social Media or other web site or other Internet location that ordinarily (i) contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates any other party's(ies') intellectual property rights or links to infringing or unauthorized content; (3) you will not send spam, chain letters, or any other unsolicited or unauthorized advertising or promotional materials, or to harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or to defame or disparage someone, or for any other unlawful or objectionable (as determined by the Company) purpose; (4) you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Site to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity; (5) you will not use any one or more of the Licenses (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Site, unless you have obtained prior written permission from such user to do so; (6) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site (or any parts thereof); (7) you will abide by all copyright notices, information, restrictions contained in or associated with any of the Site content; (8) you will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on Site content; (9) you will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Site content; (10) you will not use any of the rights granted to you or any of the Site content in a manner that suggests an association with any of the Company's products, services or brands, unless otherwise specifically permitted by the Company in writing; (11) you will not use bots, spiders, offline readers or other automated systems to access or use the Site in a manner that sends more request messages to the Site's servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless you are a lawfully operating a public search engine, in which case (subject to the Company's full discretion to revoke this exception at any time), you may use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials; (12) you will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, spyware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) you will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of Dr. Mosley, the Company or any of its affiliates, or the Site, or any of the content running or being promoted on the Site (including, without limitation, any media, broadcast, podcast, movie, television program or other initiative); (14) you will not do anything on the Site that would prevent other users' access to or use of the Site or any part thereof; and (15) you will use the Site and the Licenses at all times in compliance with these TOS and all Applicable Laws.

Third Party Links

This website may contain links to third party vendors, resources, and information and/or contain advertisements about non-Company owned or controlled websites or other internet resources. You understand and agree that the websites that these links direct you to are, unless otherwise noted, not owned, operated, or controlled by the Company. You represent and warrant that you have read and agreed to the privacy policies, legal disclaimers and terms of use for each of these websites. We assume no control or liability over the content contained or business practices of any third-party websites that are linked to in or through the Site. You acknowledge and understand that the Company does not endorse or sponsor such other third party Web sites or other Internet resources and THE COMPANY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET RESOURCES. You expressly hold the Company and its owners, affiliates, vendors, employees, and contractors harmless from any and all liability related to your use of any third-party related websites.

Copyright Infringement

In order to protect our Users from possible copyright infringement, we have put in place certain legally mandated procedures to manage alleged violations of copyright laws that may occur on our Site. Please visit our DMCA Policy link which can be found at the bottom of each page on the site to view and read more about our Digital Millennium Copyright Act (“DMCA”) takedown policies and make an infringement claim. Our DMCA policy is expressly incorporated into this Terms of Use by reference: https://www.momawellness.com/dmca-policy.

Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE COMPANY, OUR MEMBERS, DIRECTORS, OFFICERS, MANAGERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, LICENSORS, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “WEBSITE PARTIES”) BE LIABLE TO YOU FOR YOUR USE OF THE SITE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OR ANY PARTS THEREOF. THE WEBSITE PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF EXPECTED SAVINGS, GOODWILL, USE, DATA, OTHER INTANGIBLE LOSSES OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED, WHETHER OR NOT THE COMPANY OR ANY OF THE WEBSITE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE.

THE WEBSITE PARTIES COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE WEBSITE.

THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, STATUTORY, NEGLIGENCE, ANY OTHER TORT OR OTHERWISE AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE WEBSITE PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

No Warranties

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND MAKES THE SITE (AND ANY AND EVERY PORTION OF THE SITE) AVAILABLE “AS IS”, "WITH ALL FAULTS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR RELATED SERVICES. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. FURTHERMORE, COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Neither the Company nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Site or the content of any Websites, Documents, Personal or Corporate Social Media, or other Internet resources linked to the Site and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site (or any parts thereof); (iii) any unauthorized access to or use of the Company's secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Site and/or otherwise through your or any other Site users' exercise of any rights under any of the Licenses granted by the Company herein. The Company reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Site (including, without limitation any of the Site Products or Services).

Termination

You understand and agree that the Company may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise your access to the Site, and discard, remove, and/or disable or deactivate any or all of your User Submissions that you Submitted to the Site (and/or any other User Submissions) and/or any other information and data that you (and/or anyone else) may have provided to the Site, for any reason. The Company may also, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT THE COMPANY MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO SITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR THROUGH THE SITE. You may discontinue your access to, use of or participation on the Site at any time.

Injunctive Relief

Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right and/or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any MOMA Wellness, LLC-or any MOMA Wellness, LLC affiliate-related motion picture, production or project (of any nature), or the use, publication or dissemination of any advertising in connection with such motion picture, production or project.

Indemnification Clause

You agree to defend, indemnify and hold the Company and our members, managers, directors, officers, partners, shareholders, employees, representatives, contractors, licensees, authorized designees, affiliates and their respective officers, successors and assigns harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, actions or demands, including without limitation reasonable accounting fees and legal fees (including reasonable attorney’s fees and costs), alleging or resulting from your or any other user of your account’s access to or use of the Site, your violation of these Terms of Use, or your violation or infringement of any intellectual property or other right of any person or entity or violation of any person’s privacy, publicity or other right, (i) any of your User Submissions, (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these TOS, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these TOS, (iv) the violation of any Applicable Laws and/or these TOS by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Site through your account, in connection with your (and/or such other person's) use of the Site (in whole or in part). We will notify you promptly of any such claim, loss, liability, or demand, and at your expense, you agree to defend any such claim, loss, liability, damage, or cost. The Company reserves the right to choose to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.

Arbitration

THESE TOS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. Any controversy(ies), claim(s), ACTION(S) OR PROCEEDING(S) ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TOS, OR THE SITE, THE BREACH OF THESE TOS AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each Party agrees that any and all disputes that may arise out of these TOS or out of each Party's relationship with the other shall be submitted for resolution to the American Arbitration Association's ("AAA") Houston, Texas office.

Claims shall be heard by a single arbitrator. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrator(s) may award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees. "Costs and fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys' fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

In agreeing to arbitrate such disputes, each Party agrees to waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final and judgment may be entered into it in accordance with the applicable law in the APPROPRIATE COURT (THE CIRCUIT COURT OR SOUTHERN DISTRICT COURT) IN Houston, Texas. If either Party desires arbitration, it agrees to serve written notice of the arbitration with the other Party and the AAA's Houston, Texas office.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT OR REMEDY TO SEEK AND/OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF OR ANY ORDER WITH RESPECT TO, AND/OR TO ENJOIN OR RESTRAIN OR OTHERWISE IMPAIR IN ANY MANNER, THE PRODUCTION, DISTRIBUTION, EXHIBITION OR OTHER EXPLOITATION OF ANY MEDIA, MOTION PICTURE, PRODUCTION OR PROJECT RELATED TO THE COMPANY OR ANY OF ITS AFFILIATES, OR THE USE, PUBLICATION OR DISSEMINATION OF ANY ADVERTISING IN CONNECTION WITH SUCH MOTION PICTURE, PRODUCTION OR PROJECT.

This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.

WAIVER OF JURY TRIAL

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TOS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS PARAGRAPH, WHETHER IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.

Severability; Waiver

If any term or provision of this TOS Agreement is
to any extent invalid, void, unlawful, illegal, or unenforceable for any reason, such term or provision shall be deemed severable from these TOS to the extent of such invalidity, illegality, or unenforceability and shall not affect the validity and enforceability of any remaining terms and provisions; all other terms hereof shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.

Exclusions And Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Company's liability shall be the minimum permitted under such applicable law.

Choice of Law/Venue/Governing Law

This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Terms of Use, or execution or performance of this Terms of Use (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Terms of Use), shall be governed by, and enforced in accordance with, the internal laws of the State of Texas, including its statutes of limitations. You and we hereby submit to the exclusive forum, jurisdiction and venue of the state courts located in Harris County, Texas and/or the United States District Court in Houston, Texas for any claim related to, arising from or in connection these Terms of Use.

Statute of Limitations

The User must file any Action arising directly or indirectly from this Terms of Use no later than one (1) year after the claim has accrued. The User waives the right to file an Action arising directly or indirectly from this Terms of Use under any longer statute of limitations.

Entire Agreement

These Terms of Use, our Privacy Policy, DMCA Policy and Terms of Sale (if and when applicable) constitute the sole and entire agreement between you and Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and your use thereof.

Copyright Infringement Notices

This website is owned and operated by MOMA Wellness, LLC. If you have a notice of a copyright infringement claim, please follow the procedures listed on our DMCA Takedown page: https://www.momawellness.com/dmca-policy. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected] or sent to our mailing address listed below:

MOMA Wellness, LLC
4747 Research Forest Dr #180
The Woodlands, Texas 77381

Amendments

We reserve the right to amend these terms at any time. We encourage you to check this page frequently to review updates and changes. Should a court of competent jurisdiction rule this amendment provision invalid, then this contract shall revert to the previous set of terms applicable to the website. Amendments are forward-looking only.

Changes In Site Ownership

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable MOMA Wellness, LLC database, to the extent MOMA Wellness, LLC assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of MOMA Wellness, LLC's assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the terms of use and privacy statement of the Site's subsequent owner or operator.

Contact Us

If you have any questions, concerns or complaints about these Terms and Conditions, please contact us by one of the following methods:

By email: [email protected]
By mail: 4747 Research Forest Dr #180, The Woodlands, TX 77381