AGREEMENT BETWEEN USER AND MYMOMMYASSIST.COM
Welcome to MyMommyAssist.com. The MyMommyAssist.com website (the "Site") is comprised of various web pages operated by MommyAssist LLC ("MommyAssist"). MyMommyAssist.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of MyMommyAssist.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
MyMommyAssist.com is a Consumer Services Site.
The "Service" is MyMommyAssist.com, and provides hourly personal, household assistants (Assisters) on demand. Users select from MommyAssist services and provide MommyAssist with detailed needs within said services for fulfillment. Services can be purchased via MyMommyAssist.com, gift card purchased on MyMommyAssist.com or via mobile text bookings with MommyAssist dispatch team.
Subject to these terms and conditions of these Terms, MommyAssist hereby grants you a limited revocable, non-exclusive, non-transferable license to access and use the Service, as set forth on MyMommyAssist.com. Unless otherwise specified in writing, the Service is solely for personal use.
MommyAssist and its personnel reserve the right at all times and without notice to decline, modify or end any appointment at any time, including upon arrival after service has commenced.
You acknowledge and agree that the use of any recommendations or information provided by MommyAssist LLC is solely at your own risk.
Service fees listed on MyMommyAssist.com are the standard fees for the listed service, which may change at any time or vary depending on a variety of factors such as tasks excluded from standard service, additional requests from services ordered or time added on. The fee you are charged is the "Fee."
To the fullest extent permitted by law, MommyAssist will not have any liability whatsoever for any of the services provided by its contractors or damages caused by them during service.
By ordering a service, you agree to receive SMS text messages and push notifications (Messages and Notifications") from MommyAssist regarding yourService. SMS text messages are for informational purposes only. You may (i) disable push notifications on your device, and/or advise MommyAssist to not send SMS messages by replying STOP or expressing your desire to opt out. You may incur charges for these Messages and Notifications from your wireless provider and agree to not hold MommyAssist liable for any charges incurred. You acknowledge that MommyAssist has no liability for transmission delays or message failures.
By booking a MommyAssist, you authorize MommyAssist to take photographs of your personal property as it relates to services provided. The photos may be used for training or marketing purposes or merely as a reference for client and MommyAssist. If used for marketing purposes, the photographs may be used for publicity, advertising, web content, social media, and/or publications, including those that are printed, published online, or created in video form. Descriptive text or commentary may be included with use of photographs, but will not include any information on client name or location. No financial compensation will be provided for the taking or publication of the photographs. By booking a service, client releases this company’s employees, contractors, and any third parties involved in the creation of marketing materials from liability for any claims with regards to participation. Clients can inform MommyAssist in advance if they do not authorize MommyAssist to photograph the services, via email to info@MyMommyAssist.com.
Visiting MyMommyAssist.com or sending emails to MommyAssist constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Scheduled Assists that cancel more than 24 hours from scheduled hourly services will receive a full refund. Assists cancelled within 24 hours will incur a $30 same day cancellation fee. Specialty assists are non refundable but can be scheduled separately, within 6 months of purchase.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
MyMommyAssist.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MommyAssist and MommyAssist is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MommyAssist is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MommyAssist of the site or any association with its operators.
Certain services made available via MyMommyAssist.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the MyMommyAssist.com domain, you hereby acknowledge and consent that MommyAssist may share such information and data with any third party with whom MommyAssist has a contractual relationship to provide the requested product, service or functionality on behalf of MyMommyAssist.com users and customers.
CHILDREN UNDER THIRTEEN
MommyAssist does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use MyMommyAssist.com only with permission of a parent or guardian.
NO UNLAWFUL OR PROHIBITED USED/INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MommyAssist or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MommyAssist content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MommyAssist and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MommyAssist or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by MommyAssist from our offices within the USA. If you access MyMommyAssist.com from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MommyAssist Content accessed through MyMommyAssist.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless MommyAssist, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MommyAssist reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MommyAssist in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MommyAssist agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MOMMYASSIST LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MOMMYASSIST LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MOMMYASSIST LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MommyAssist reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. This includes while on site providing services. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MommyAssist as a result of this agreement or use of the Site.
MommyAssist's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MommyAssist's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MommyAssist with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MommyAssist with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MommyAssist with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
MommyAssist reserves the right, in its sole discretion, to change the Terms under which MyMommyAssist.com is offered. The most current version of the Terms will supersede all previous versions. MommyAssist encourages you to periodically review the Terms to stay informed of our updates.
MommyAssist welcomes your comments on questions regarding the Terms:
21834 Ocean Ave
Torrance, California 90503
Email may be sent using the “Contact Us” section of this site.
Effective as of June 1, 2022.
COLLECTION OF YOUR PERSONAL INFORMATION
In order to better provide you with products and services offered, MommyAssist may collect personally identifiable information, such as your:
If you purchase MommyAssist's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
USE OF YOUR PERSONAL INFORMATION
MommyAssist collects and uses your personal information to operate and deliver the services you have requested.
MommyAssist may also use your personally identifiable information to inform you of other products or services available from MommyAssist and its affiliates.
SHARING INFORMATION WITH THIRD PARTIES
MommyAssist does not sell, rent or lease its customer lists to third parties.
MommyAssist may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to MommyAssist, and they are required to maintain the confidentiality of your information.
MommyAssist may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on MommyAssist or the site; (b) protect and defend the rights or property of MommyAssist; and/or (c) act under exigent circumstances to protect the personal safety of users of MommyAssist, or the public.
AUTOMATICALLY COLLECTED INFORMATION
Information about your computer hardware and software may be automatically collected by MommyAssist. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the MommyAssist website.
The MommyAssist website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize MommyAssist pages, or register with MommyAssist site or services, a cookie helps MommyAssist to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same MommyAssist website, the information you previously provided can be retrieved, so you can easily use the MommyAssist features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the MommyAssist services or websites you visit.
SECURITY OF YOUR PERSONAL INFORMATION
MommyAssist secures your personal information from unauthorized access, use, or disclosure. MommyAssist uses the following methods for this purpose: SSL Protocol.
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
RIGHT TO DELETION
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
From time to time, MommyAssist may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from MommyAssist, you may opt out of such communications within each email, listed as "No longer want to receive these emails? Click on the unsubscribe button."
EXTERNAL DATA STORAGE SITES
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
CHANGES TO THIS STATEMENT
MommyAssist welcomes your comments on questions regarding the Terms:MommyAssist LLC 21834 Ocean AveTorrance, California 90503
Email Address: Email may be sent using the “Contact Us” section of this site.
Effective as of December 19, 2019.