Terms & Conditions

Welcome to Momicillin.  Please take the time to review our Terms & Conditions.

Acceptance

The following terms and conditions govern your use of this Site, www.momicillin.com.  The material included in this site includes but not limited to articles and reviews.  By accessing, viewing or using the Material on this site, you agree to be bound by these terms and conditions.  If you do not agree to these terms and conditions please do not use this Site, or the Material.  We reserve the right to update or revise these terms and conditions.  You can find the updates or revisions by visiting this page.  In accordance with our Privacy Policy we can only advise of changes to our subscribed members.  Continued use of this Site after posting changes constitutes your acceptance of those changes.

Electronic Communication

When you visit this site, send emails to Momicillin, or request services via email or cell phone number, you are communicating with us electronically and consenting to receive communications electronically.  This consent also includes receiving Notices posted to this Site electronically. 

Statement of Privacy

Click here to review our Privacy Policy.

Intellectual Property

This site and its contents are protected by U.S. and international copyright and trademark laws including but not limited to the articles and reviews made available to you, logo, headers, icons, buttons and look and feel.  Third parties whose material appears on this website, unless agreed otherwise, own the copyright in the material original to them.  You acknowledge and agree that the Material, service and any necessary software used in connection with this Site contain proprietary and confidential information that is protected by the applicable U.S. and International copyright and trademark laws.  You are granted a limited non-exclusive and non-transferable right to use this Site for personal use as outlined in these Terms and Conditions.  You may not copy, disseminate, download, reproduce or publish the content except where expressly set forth in these Terms and Conditions. We encourage our readers to share our newsletter but only in its entirety.  Dissemination in part will constitute copyright infringement.

Confidential Information and Trade Secrets

Momicillin does not solicit nor wish to receive secret or proprietary information.  Any information submitted to Momicillin will be deemed to be neither secret nor proprietary.  By sending information or products to Momicillin you warrant that it is original to you and no one else can claim rights to it.

License and Limitations on Use

The content on this Site is intended for entertainment purposes only.  By use of this Site you are granted a limited nonexclusive and non-transferable license to access the site and make personal use of this Site.  You are granted a limited license to a. view the Material on your screen, b. print the Material, c. transfer Material to a personal handheld device including a personal digital assistant, mobile phone or any other mobile device used for personal view, d. save the Material or e. transfer a copy to a third party provided that you do not remove the copyright notices or proprietary legend that appear and do not modify the Material in any way. The Material is disseminated, among other things by e-newsletter.  You are free to forward the newsletter but only in its entirety.  You shall not derive or attempt to derive the source code or structure of all or any part of the material, Material or Site by reverse engineering, disassembly, decompilation or any other means.  Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or any other intellectual property right of Momicillin, except for the right of use expressly set forth in these Terms and Conditions. 

Third Party Links and Endorsements

Momicillin does not make any representations or warranties to any third party websites available to access through this website.  Any website is independent of Momicillin.  As well, any website linked to Momicillin may or may not be affiliated with Momicillin.  It is up to you to make an independent decision regarding your interaction or communication with such website.  As such, you hold Momicillin free from liability and responsibility when communicating or interacting with such websites.

Information contained in the Review section pertaining to outside merchants and vendors are for informational purposes only.  Momicillin does not pay for play and as such these are independent reviews.  Momicillin does not assume any responsibility or liability for reliance on such reviews.  Momicillin welcomes all comments and will review comments, but does not guarantee that such comments will be reflected in those reviews.  Please send your comments to [email protected].

Linking to Us

Linking to our Site is by written permission only.  Should you like to link to our site, please submit a request to [email protected].  It is our discretion to terminate permission at any time.

Disclaimer of Warranties and Limitations of Liability

MOMICILLIN PROVIDES THE SITE AND MATERIAL ON AN “AS IS” AND “AS AVAILABLE” BASIS.  MOMICILLIN DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SITE AND MATERIAL ARE FREE FROM VIRUSES AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR SPECIFIC NEEDS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SITE AND MATERIAL ARE OF SATISFACTORY QUALITY, ACCURATE, OR NON-INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  NO ADVICE OR INFORMATION GIVEN BY MOMICILLIN CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.  YOUR USE OF THIS SITE AND MATERIAL IS SOLELY AT YOUR OWN RISK.

THE MATERIAL AND MATERIAL MAY INCLUDE INACCURACIES WHETHER TECHNICAL OR TYPOGRAPHICAL ERRORS. MOMICILLIN HAS THE RIGHT AT ANY TIME TO CHANGE, MODIFY, ADD TO OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SITE OR MATERIAL. MOMICILLIN HAS NO OBLIGATION TO PROVIDE YOU WITH NOTICE OF ANY SUCH CHANGES.

UNDER NO CIRCUMSTANCES SHALL MOMICILLIN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS SITE OR THE MATERIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, MATERIAL, BUSINESS OPPORTUNITIES, OR PROFITS.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MOMICILLIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 

IN ADDITION, MOMICILLIN SHOULD BE FREE FROM RESPONSIBILITY OR LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THIS SITE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.  THE MOMICILLIN LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity

You agree to indemnify and hold Momicillin and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with any use or possession by you of this Material.

Applicable Law/Disputes

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Massachusetts, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Material and this website shall be filed only in the state or federal courts located in Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Other

If any of these terms and/or conditions shall be deemed invalid, void, or for any reason unenforceable, then that term and/or condition shall be deemed severed and shall not affect the validity and enforceability of any remaining terms and conditions.  Momicillin’s failure to exercise or enforce any one or more of its rights under these Terms & Conditions will not constitute a waiver of its rights or a continuing waiver of any rights.