Terms & Conditions
These Terms of Service (“Agreement”) describes the terms and conditions on which MATERNALGODDESS.ORG provides the information, features and services available on or through the MATERNALGODDESS.ORG website (collectively, the “Service” or the “Services”) to you, the users of the Service (“you” or “User”).
MATERNALGODDESS.ORG and its servers are located in Canada and are subject to the applicable provincial and federal laws of Canada. All information shared with or collected by or in connection with the Website will be stored in Canada and may be accessed by law enforcement authorities in Canada and/or as may be required by law.
You should read this Agreement carefully, because by indicating acceptance of this Agreement or by otherwise using the Services or this Website, you are entering into a legally binding agreement with MATERNALGODDESS.ORG. If you do not agree to these terms and conditions, do not further access or use the Services or this Website.
In order to participate in many of the features available on the Service, such as leaving comments you must create an account and register with us. If you register as a User or otherwise use the Services, you represent and warrant to MATERNALGODDESS.ORG that: (i) you are of legal age to form a binding contract; (ii) you will provide MATERNALGODDESS.ORG with accurate, current and complete registration information; and (iii) your registration and your use of the Services is not prohibited by law. You are responsible for your own registration and all use of the Services under it. Sharing passwords with any other person is not permitted.
2. The Information Provided does not constitute Medical Advice.
The information (including without limitation advice and recommendations) available through MATERNALGODDESS.ORG are intended solely as a general educational aid to broaden your understanding and knowledge of postnatal maternal health and postnatal recovery. This information should not be considered to be exhaustive and authoritative of a particular topic. The information provided does not constitute medical or health care advice for any individual problem, nor are they a substitute for medical or other professional advice and services from a qualified health care provider familiar with your unique facts. Always seek the advice of your physician or other qualified health care provider with prior to using any information or advice contained in these sites that sets forth, illustrates, or suggests a particular diet, fitness program, workout regimen, or activity. Further, MATERNALGODDESS.ORG does not encourage the self-management of health problems because of the advice or recommendations contained on our web site. Never disregard medical advice from your doctor or delay seeking it because of something you have read in these sites. MATERNALGODDESS.ORG and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or any material on this site, regardless of whether a doctor was consulted.
The MATERNALGODDESS.ORG website are the property of MATERNALGODDESS.ORG. Without limitation of the foregoing, all the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website other than User Content as defined below (collectively, the “Site Content”), and all software embodied in the MATERNALGODDESS.ORG website or mobile application or otherwise used by MATERNALGODDESS.ORG to deliver the Services (“Software”) is proprietary to us or to third parties and are protected by copyright and other intellectual property laws.
Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content (collectively, the “MATERNALGODDESS.ORG Property”) is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.
The Services may also feature the trademarks, service marks, and logos of MATERNALGODDESS.ORG or third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Services, will inure solely to the benefit of their respective owners.
4. License to Use the Services.
MATERNALGODDESS.ORG authorizes you to access, view and use the Services and MATERNALGODDESS.ORG Property to the extent necessary for your personal, non-commercial use of the Services. Suppliers and Users are strictly prohibited from rendering legal, medical, counseling or other professional services or advice based on the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on the MATERNALGODDESS.ORG Property. Changing, copying, redistributing, republishing, uploading, posting, transmitting, distributing or otherwise exploiting in any way the MATERNALGODDESS.ORG Property, or any portion of the MATERNALGODDESS.ORG Property, is strictly prohibited without the prior written permission of MATERNALGODDESS.ORG, unless this Agreement otherwise expressly allows you to do so.
You warrant and agree that your use of the Services will be consistent with this Agreement and will not infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. You will comply with all applicable laws, regulations and ordinances relating to the Services, the MATERNALGODDESS.ORG Property or your use of them, and in using the Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
You are responsible for obtaining and maintaining the computer and other equipment you use to access the Services, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of the Services.
5. User Content.
In connection with using the Services, you may upload, post, or submit to MATERNALGODDESS.ORG, or distribute using MATERNALGODDESS.ORG, photographs, text, graphics, video, audio, and other materials and information (collectively, “User Content”). The User Content remains your property, and MATERNALGODDESS.ORG does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, you agree that:
(a) you are publishing and making your User Content publicly available for viewing by third parties on a non-confidential basis, that your User Content may be associated with your MATERNALGODDESS.ORG website username, and that accordingly your User Content will be attributable to you, that third parties will gain access to your User Content through the Services, and MATERNALGODDESS.ORG shall in no event be liable to you for any use or misuse of your User Content by any third party;
(b) you grant MATERNALGODDESS.ORG a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, with right to sublicense through multiple tiers, to copy, edit, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise use the User Content in connection with operation of the Services, promotion of the Services, and any other purposes reasonably related to using the Services and participation in promotions and advertising of MATERNALGODDESS.ORG and its partners. However, we will always pursue a republication document if we choose to use your material.
(c) you represent and warrant that you own all proprietary rights in your User Content or, with respect to any User Content you do not own, you have the full authority and right to post the User Content and to grant the licenses granted hereunder, and that your posting of the User Content, and the exercise by MATERNALGODDESS.ORG and Users of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous, vulgar, profane or obscene, nor violate any law or other right, privilege or interest of any third party;
(d) if any royalties are payable to any third party for use of User Content posted by you in accordance with the licenses granted by you in this Agreement, you shall be responsible for and pay such royalties.
MATERNALGODDESS.ORG merely distributes User Content and does not control it. Any opinions, advice, statements, services, offers or other content included within User Content are those of the respective authors or distributors, and not MATERNALGODDESS.ORG, and MATERNALGODDESS.ORG is not responsible for the accuracy or reliability of User Content. MATERNALGODDESS.ORG is under no obligation to edit or control User Content that you and other users post or distribute, and will not be in any way responsible or liable for User Content. MATERNALGODDESS.ORG does not vet or control the Users or other individuals that use the Services. You access and use User Content at your own risk, and MATERNALGODDESS.ORG shall not be liable for any loss or damage that any person may suffer as a result of using the Service or using or relying on the User Content. Users should exercise caution in interacting with unknown persons that they meet using the Services in the same way that they would exercise caution in the physical world.
6. Services Restrictions.
You shall comply with all rules for the use of the Services set out in this Agreement. Each User is responsible for what they post in discussion groups or other public forums. User shall not:
(a) Use, upload, post, distribute or transmit, any User Content in violation of, or in connection with any violation of, any local, provincial, national or international laws (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(b) Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;
(c) Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;
(d) Post any User Content more than once or “spam”;
(e) Post any User Content that contains an endorsement, advertising or promotional material or constitutes commercial activity of any sort; or
(f) Engage in any other conduct that interferes with the Services or that restricts or inhibits any other person from using or enjoying any User Content, or the Services, or which, in MATERNALGODDESS.ORG’s sole judgment, exposes MATERNALGODDESS.ORG or any of their officers, directors, employees or agents to any liability or detriment of any type.
6.1 You shall not submit, post, upload to, distribute through or otherwise use in connection with the Services any User Content that:
(a) that is false, inaccurate or misleading
(b) Is libelous, vulgar, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense;
(c) Contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;
(d) Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
(e) Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others;
(f) Promotes any goods or services of any competitors to MATERNALGODDESS.ORG, or encourages any other users of the Service to become users or Users of any such competitors; or
(g) Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
6.2 MATERNALGODDESS.ORG reserves the right (but is not obligated) to do any or all of the following:
(a) record User Content;
(b) Investigate any allegation that User Content or User registration information does not conform to the terms and conditions of this Agreement;
(c) remove User Content or User registration information that is abusive, illegal or disruptive, or that otherwise fails to conform to the terms and conditions of this Agreement;
(e) edit or delete any User Content or User registration information, regardless of whether such content violates any terms and conditions of this Agreement.
7. Use of Services and Minors.
Use of the Services is not directed to users under the age of 13. If you are under the age of 13, you are not permitted to register as a User or to send personal information to MATERNALGODDESS.ORG.
8. Third Party Websites.
The MATERNALGODDESS.ORG website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. MATERNALGODDESS.ORG provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by MATERNALGODDESS.ORG. User hereby waives any claim that User might make against MATERNALGODDESS.ORG with respect to such sites and their operators.
9. Comments Submitted to MATERNALGODDESS.ORG.
MATERNALGODDESS.ORG is pleased to hear from you and welcomes your comments about the Services. The Services Comments will be deemed, and will remain, the sole property of MATERNALGODDESS.ORG. None of the Services Comments will be subject to any obligation of confidence on the part of MATERNALGODDESS.ORG, and MATERNALGODDESS.ORG will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, MATERNALGODDESS.ORG will be entitled to unrestricted use of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
10. Warranty Exclusions and Limitations of Liability.
MATERNALGODDESS.ORG may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to the Services. MATERNALGODDESS.ORG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (i) THAT THE SERVICES AND MATERNALGODDESS.ORG PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AND (iii) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE COMPANY PROPERTY. No advice or information, whether oral or written, obtained by you from MATERNALGODDESS.ORG or through the Services will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM MATERNALGODDESS.ORG ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR THE MATERNALGODDESS.ORG PROPERTY, EVEN IF MATERNALGODDESS.ORG HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnity; Liquidated Damage.
User shall defend, indemnify and hold harmless MATERNALGODDESS.ORG against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with User’s use of the Services or User’s breach of any provision of this Agreement. MATERNALGODDESS.ORG reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with MATERNALGODDESS.ORG with respect to such defense and settlement.
12. Compliance with Applicable Law and Jurisdiction.
You and MATERNALGODDESS.ORG agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of province of Ontario, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the Superior and provincial courts located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you gain access to the Services from locations other than Ontario, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of Canadian export laws or regulations.
13. Suspension; Modifications and Termination.
14. Force Majeure.
In no event shall MATERNALGODDESS.ORG be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside MATERNALGODDESS.ORG’s reasonable control.
15. General Provisions.
No delay or omission by MATERNALGODDESS.ORG in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by MATERNALGODDESS.ORG of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to” and the term “partner” is used solely to denote another entity with which MATERNALGODDESS.ORG has a sponsorship or similar contractual arrangement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and MATERNALGODDESS.ORG regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. Your registration, this Agreement and your rights and obligations hereunder are not assignable or transferable by you to any third party without the prior written consent of MATERNALGODDESS.ORG. We may assign this Agreement to any purchaser of the MATERNALGODDESS.ORG business. This Agreement may be executed electronically, and your electronic assent or use of the Services shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.