This Terms of Use Agreement (“Agreement”) is a legally binding agreement between TriTaur, LLC, the creator and administrator of OpMom.com (the “Company”) and you, the member (“Member”), regarding your use of OpMom.com and integrated or related services, features, content or applications offered at the primary website and related sub-domains (collectively “OpMom”).

This Agreement establishes the legally binding terms for your use of OpMom. By using OpMom, you agree to be bound by the terms of this Agreement. OpMom may change, modify, add, or delete portions of this Agreement from time to time and such changes shall be effective upon posting on OpMom. Your continued use of OpMom after such changes constitutes your acceptance of the new Agreement. Please read this Agreement carefully and save a copy for later review. If you do not agree with it at any point now or in the future, please cease your usage of OpMom immediately and cancel your Membership.

OpMom is a social networking community and organizational resource for parents and families. OpMom allows its Members to create unique personal profiles online as well as to share valuable information, ideas and more with each other. It also provides specific organizational resources geared toward streamlining a parent’s daily operation and improving their overall quality of life. It is a service provided in good faith for regular use by a specific audience. OpMom is administered and hosted in the United States.

In order to be eligible for Membership at OpMom, you must:
a) Be 16 years of age or older
b) Be a Human (accounts registered by “bots” or other automated methods are not allowed); and,

By registering as a Member, you represent and warrant that you fulfill both of the Membership Eligibility conditions set forth above. Persons not fulfilling any or all of the above conditions may only become registered Members of OpMom with the express written permission of the Company. Any persons found to have registered in violation of these terms (and without express written permission of the Company) will have their accounts immediately deactivated and be blocked from further use of OpMom. In accordance with the Children's Online Privacy Protection Act of 1998 (viewable at http://www.ftc.gov/ogc/coppa1.htm), children under the age of 13 are not allowed to register with or access OpMom under any circumstances.

Username and Password: When you sign up to become a Member, you will also be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to disclose your password to any third party. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password. You alone are solely responsible for any and all use of your account.
The OpMom website and services are provided to its registered Members for their exclusive personal use, and shall not be used for any commercial purpose unless specifically endorsed or approved in writing by the Company.
OpMom uses and contains proprietary intellectual property rights owned by or licensed by the Company. Use of OpMom shall not be construed as giving you any rights or license to such intellectual property rights except for information in the public domain. With regard to any assistance you may give in the improvement or development of OpMom, including but not limited to any ideas, designs, plans or know-how, you agree to grant OpMom a perpetual, worldwide, fully paid-up, irrevocable, transferable license to use and sublicense the intellectual property contained in such assistance.
Member Conduct

1. Use OpMom in any unlawful manner;
2. Post any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights, or promote the illegal or unauthorized copying of another person's copyrighted work:
3. Post any material that is violent, threatening, abusive, sexually explicit, obscene, offensive, hateful, derogatory, defamatory, libelous or racially, ethnically or similarly objectionable;
4. Use or attempt to use another Member’s account or create a false identity on OpMom.
5. Harass other members or advocate harassment of another person;
6. Post text or files which contain nudity, violence, or offensive subject matter or contains a link to an adult website;
7. Solicit personal information from anyone under 16;
8. Promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
9. Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
10. Solicit passwords or personal identifying information for commercial or unlawful purposes from other Members;
11. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
12. Post a photograph of another person without that person's consent, or post a photograph of a person under the age of 16 without parental consent;
13. Advertise to or solicit any Member to buy or sell any products or services through OpMom unless in conjunction with specific peer-to-peer trading platforms provided by OpMom;
14. Transmit any chain letters or junk email to other Members;
15. Cover or obscure the banner advertisements on your personal profile page, or any OpMom page via HTML/CSS or any other means;
16. Conduct or permit any automated use of the OpMom system;
17. Attempt to impersonate another Member or person;
18. Using the account, username, or password of another Member at any time, disclosing your password to any third party or permitting any third party to access your account ;
19. Use any part of the OpMom system to solicit membership for other online communities or to promote a competing service or website;
20. Display an advertisement on your profile or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through OpMom on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or,
21. Use OpMom in a manner inconsistent with any and all applicable laws and regulations.

You are solely responsible for the content that you publish or display on Service, or transmit to other Members (collectively the “Member Content”). You agree that the Company may review and delete or remove any Member Content that in its sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. OpMom assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the Member submitting any such Member Content. By posting Member Content to any part of OpMom, you automatically grant, and you represent and warrant that you have the right to grant, to OpMom an irrevocable, perpetual, non-exclusive, transferable, fully paid-up, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. This license will terminate at the time you remove such Member Content from OpMom.

While the Company will endeavor to protect the intended use of OpMom’s features and services using manual supervision, hardware, software and third-party solutions, please be aware that no measures are perfect. Therefore you are advised to use caution in selecting the information you post on OpMom and that you provide to other Members. If you become aware of abuse or misuse of OpMom by any person, please notify us immediately by email at abuse@opmom.com.

The Company reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of OpMom at any time, for any or no reason, with or without prior notice, and without liability.

The OpMom system is currently available for use free of charge. You hereby acknowledge and agree that the Company reserves the right to charge for use of premium OpMom services and features. The Company may also alter or amend its fee structure at any time. If fees have been charged to you for usage of OpMom and your Membership is cancelled due to your violation of this Agreement, you shall not be entitled to any refund for the unused portion of your subscription.

The Website contains links to other services and websites. OpMom is not responsible for the content, accuracy or opinions expressed in such services, and such services are not investigated, monitored or checked for accuracy or completeness by OpMom. Approval or recommendation of a website or service by members of the OpMom community are independently submitted by members and do not reflect the opinion of the Company. Inclusion of any linked or referenced website or service on or through OpMom does not imply approval or endorsement of the linked/referenced service or website by the Company. If you decide to access these third-party sites or services, you do so at your own risk.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through OpMom, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or affiliate partner. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisements or third-party services available through OpMom.

You acknowledge that the Company owns all rights, title and interest in and to OpMom, including without limitation all intellectual property rights, and such Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the site. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the site. The Rights include rights to (i) the sites and/or services developed and provided by the Company; and (ii) all applications or software associated with the sites or services. These Rights do not include third-party content used as part of OpMom, including the content of communications appearing on OpMom.

If you believe your copyrighted work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on OpMom, please contact us at address below address and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on OpMom; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf:
Copyright Infringement Notification

TriTaur, LLC
#146 12 Greenway Plaza Suite 1100
Fax: (281) 582-6457
Email: ip_violations@OpMom.com

Our Company deeply values the privacy and online security of its Members. To read a copy of our Privacy Policy, please Click Here.
Modifications and Discontinuation
The Company reserves the right at any time (and from time to time) to modify or discontinue, temporarily or permanently, OpMom.com (or any part thereof) with or without notice.

OpMom has the right, in its sole and absolute discretion, to remove or restrict access to any material uploaded by a Member which it views as violating the terms of this Agreement or inconsistent with the policies, spirit or intent of OpMom. Notwithstanding such right, OpMom is not liable for any material uploaded by a Member, including but not limited to the accuracy of the material or the conduct of a Member either within OpMom.com or offline. OpMom is provided “AS IS,” and the Company does not guarantee the functionality of OpMom or any particular result from the use of OpMom. You acknowledge and agree that OpMom is not liable for any interruption or breakdown of service, loss or corruption of data, attacks against OpMom from third parties, any technical malfunction at any point in the provision of OpMom or force majeure. OpMom expressly disclaims any responsibility for any loss or damage, including personal injury or death, resulting from the use of OpMom or from any content posted on OpMom or any interactions among Members, whether online or offline. OPMOM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

OPMOM SHALL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFIT, LOSS OF USE, BUSINESS INTERRUPTION, MEDICAL ILLNESS, LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGIES OR SERVICES, COST OF COVER OR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE USE OF OPMOM OR THIS AGREEMENT. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, OPMOM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THAT AMOUNT PAID, IF ANY, BY YOU TO OPMOM FOR THE SERVICES OF OPMOM DURING THE TERM OF MEMBERSHIP.

You agree to indemnify and hold harmless the Company, its officers, directors, advisors, stakeholders, employees, agents, subsidiaries and affiliates from any loss, liability, claim or demand, including attorneys’ fees, made by any third party due to or arising from your use of OpMom, any content that you upload, your use of content on OpMom, your violation of this Agreement or your violation of any third-party rights.

This Agreement and any disputes arising from this Agreement or use of OpMom shall be governed by the laws of the State of Texas without reference to its provisions on conflict of laws. Any dispute relating in any way to OpMom (including your visit to or use of OpMom) shall be submitted to confidential arbitration in Houston, Texas, except that, to the extent you have in any manner violated or threaten to violate proprietary or intellectual property rights of the Company or any of its affiliates, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of the State of Texas. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to OpMom (including your visit to or use of OpMom) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

This Agreement together with the Privacy Policy contains the entire agreement between OpMom.com and you concerning the subject matter hereof. The failure of the Company to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter. In the event that any provision of this Agreement is found invalid, the remainder of the Agreement shall remain valid and enforceable according to its terms.