Last revised on 11 November, 2011
, or any other cross-referenced policies, do not use the Website or the Service.
Electronic Form. By accessing the Website and/or becoming a Member, you consent to have this Agreement provided to you in electronic form.
Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please Contact Us online.
Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password or you visit the Website’s public areas without logging in and by agreeing electronically in the interim to the language in this Agreement. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please Contact Us online.
Effective Timing. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to and electronically signed by you prior to the effective date of your withdrawal, nor will it affect the legal validity or enforceability of the Agreement, should you again agree to it online while processing of the withdrawal of consent occurs.
Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
You must be at least eighteen (18) years of age and single or separated from your spouse to register as a Member of Godmother, and you must be at least eighteen (18) years of age to use the public areas of the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
You may become a Member of the Service at no cost by providing information for certain required fields ("Registration"). Without becoming a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, you must register as a Member, having warranted that you meet the eligibility requirements to do so. Godmother reserves the right to charge for the Service in the future and to charge for Premium Services that may be made available in addition to those presently included in free membership.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason, by following the instructions in “Account Settings,” or you may Contact Us
online. If you resign or cancel your membership (you must be eligible to do so) via the Godmother Website, to help Godmother analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. Godmother may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Godmother. If Godmother terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any compensation, damages, or other awards. All decisions regarding the termination of accounts shall be made in the sole discretion of Godmother. Godmother is not required to provide you notice prior to terminating your membership. Godmother is not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
5. Non-commercial Use by Members.
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Godmother, which may be revoked at any time, for any reason, in Godmother's sole discretion.
6. Account Security.
You are responsible for maintaining the confidentiality of the username and password that you designate during Registration, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Godmother of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session, unless you have asked for such information to be remembered for auto-sign in. You will not permit account security information, including username and password information, to be stored/remembered while using a computer that is not your own or for which your data security cannot be ensured. Godmother will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Window's Live ID, FaceBook, Twitter, or other online profiles to your Godmother account.
7. Your Interactions with Other Members.
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT GODMOTHER CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. GODMOTHER ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. GODMOTHER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. GODMOTHER RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. WITH RESPECT TO PEER REGISTRATION, GODMOTHER RESERVES THE RIGHT TO REQUIRE, REQUEST, AND RETAIN ANY INFORMATION THAT IS DEEMED NECESSARY TO DOCUMENT THE DETERMINATION OF ELIGIBILTY AS A PEER, AND SUCH STATUS MAY BE DENIED FOR ANY REASON.
- IN NO EVENT SHALL GODMOTHER BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT GODMOTHER MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE, NOR DOES IT GUARANTEE CONTACT BY ANY PARTICULAR PERSON OR GROUP OF PERSONS. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
8. Content on Godmother.
- Proprietary Rights. Godmother owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Godmother, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Godmother, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. Godmother does not (1) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (2) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Godmother or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
9. Content Posted by You on Godmother.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and rights of privacy and publicity). You will not provide inaccurate, misleading, or false information to Godmother or to any other Member. If information provided to Godmother or another Member, subsequently becomes inaccurate, misleading, or false, you will promptly notify Godmother of such change.
You understand and agree that Godmother may review, edit, and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Godmother violate this Agreement or which might be offensive or illegal or that might violate the rights, harm, or threaten the safety of Members.
By posting Content to any public area of Godmother, you automatically grant, and you represent and warrant that you have the right to grant, to Godmother, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify 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. You further represent and warrant that public posting and use of your content by Godmother will not infringe or violate the rights of any third party.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Godmother reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons or explosives, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses, URLs, email addresses, or online screen names/usernames for any other online service, community, or chat.
- You may not create multiple accounts for yourself in the Commoner area, the Peer area, or in combination. You are limited to one account as either a Peer or Commoner, depending upon your eligibility.
- You may not engage in advertising to or solicitation of other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although Godmother cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
- All information you include in your Member profile must be accurate, current, and complete, and you will be asked to review/update it on a periodic basis in our sole discretion.
10. Prohibited Activities.
Godmother reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
- You will not impersonate any person or entity.
- You will not "stalk" or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by Godmother without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark, or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
- You will not post, email, or otherwise transmit any material that contains software viruses 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.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not "frame" or "mirror" any part of the Service or the Website, without Godmother's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Godmother or the Service or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
11. Customer Service.
Godmother provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Communication with our customer care representatives may be stored, tracked, recorded, or otherwise monitored and archived for quality assurance and self-audit purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership.
12. Free Lifetime Access.
The first 1,000 Commoners to become Members on the Website will be notified that they have been awarded Free Lifetime Access ("FLA"), and their accounts will be coded accordingly. Godmother may additionally, in Godmother’s sole discretion, extend FLA privileges to others. Such FLA Members may be eligible to receive special trials, discounts, and other promotions for future services. They are guaranteed never to be charged for a level of Service and scope of access substantially similar to that offered at the time they join, even should new Members subsequently be charged for the Service. However, Godmother reserves the right in Godmother’s discretion to attach welcome screens, surveys, or announcements that are required to be navigated (without cost to the user) to access the FLA content, although these may not be present at the time FLA status is granted. Godmother may also suspend preferences that would permit or had permitted FLA Members to opt out of promotional emails or advertisements. FLA access may or may not be combined with other offers, and the terms of any and all offers should be reviewed to determine eligibility to participate in an offer in light of FLA status. If you cancel or inactivate your account for any reason other than a documented marriage, your FLA status will be permanently lost. If you are inactivating your account due to marriage or reactivating it after a divorce or legal separation, Contact Us
online to make arrangements to preserve your FLA account privileges. These privileges may not be transferred to another Member or to yourself under another Godmother account or ID (note that multiple accounts are also prohibited). You may not change your last name and subsequently your first name and/or other key fields in order to accomplish a transfer to another party, nor may you substantially alter content to transfer your account to someone using the same name. Such conduct will be reviewed and may result in immediate termination of the account. Any breach of this Agreement is deemed to be a forfeiture of privileges under FLA, whether or not your underlying membership is revoked and whether or not you are barred from using the Website or the Service in Godmother’s sole discretion.
13. Modifications to Service.
Godmother reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. A history of providing such notice voluntarily shall not be construed as a requirement to provide notice. You agree that Godmother shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. This includes temporary suspension of the service due to technical issues, power outages, or for Website maintenance.
14. Blocking of IP Addresses and Collection of IP and Related Data.
In order to protect the integrity of the Service and enforce disciplinary actions, Godmother reserves the right at any time in its sole discretion to block Members, other site users, or potential Members/users from certain IP addresses from accessing the Website. For security, monitoring, and other business reasons as may be determined in Godmother’s sole discretion, Godmother reserves the right to collect and review IP addresses and other data provided by domain hosts and servers, Google Analytics, cookies, and other similar sources.
15. Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please Contact Us
and arrange to 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 the Website; 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.
16. Member Disputes.
You are solely responsible for your interactions with other Godmother Members. Godmother reserves the right, but has no obligation to monitor disputes between you and other Members.
17. Privacy and Communications.
18. Godmother Sole Discretion.
In several areas in this Agreement, it has been stated that Godmother’s sole discretion will be used. Use of Godmother’s sole discretion means that decisions lie with Godmother and decisions made and subsequent actions taken/not taken need not be universally and/or consistently applied. Use of Godmother’s sole discretion shall not be construed as approval or disapproval of particular circumstances or behaviors, shall not bar Godmother from reversing a decision on a particular matter, shall not inhibit the Godmother in reaching a settlement with parties in dispute with Godmother or each other, shall not bind Godmother to similar rulings in potentially similar circumstances or alternate rulings in potentially dissimilar circumstances, and shall not constitute an implied modification of this Agreement. Notwithstanding anything to the contrary contained herein, Godmother has the sole discretion over decisions related to and including, but not limited to
- content in all areas of the Website;
- frequency by which content is updated by Godmother or required to be updated by Members and other parties;
- options and preferences, including visibility options/preferences, to be offered to Website Members and others;
- eligibility for membership;
- determination of membership type, duration, and status;
- determination of site violations or lack thereof and any resulting disciplinary action taken/not taken;
- termination or suspension of Membership or of site usage;
- research, investigations, and legal action taken on the part of Godmother;
- general site availability/accessibility;
- access or restriction of access to site areas, including scope, duration, frequency;
- required access screens upon loading the Website, including welcome, announcement, survey, or disclosure screens;
- communications to be initiated by Godmother and whether or not opt-out is an option for such communications;
- collection of and storage of user data and determination of whether or not certain data is required to be provided to godmother for particular Website privileges or levels of access;
- cost of the Service (with the exception of FLA and specifically published trials, discounts, and promotions);
- the offering of trials, discounts, promotions, FLA status, or other designated privileges; and
- findings in any Member-Member dispute resolution in which Godmother has become voluntarily involved.
19. Official Language.
- The official language of Godmother is English. As a result, use of other languages on the Website is limited to proper names, well-known expressions, and verifiable song titles. Non-English verbiage is strongly discouraged, as it could mask conduct that could be a breach of this Agreement or a violation of Website policies. Such verbiage will be reviewed and permitted/removed on a case-by-case basis in Godmother’s sole discretion.
- Lack of proper understanding of the English language may not be used as an excuse for failure to understand and comply with the terms of this Agreement and/or other Godmother policies. If English is not your primary language, you are encouraged to seek assistance from a translator, legal counsel, or other appropriate professional. The costs of your seeking such services will be borne entirely by you, and Godmother is not responsible for any losses, damages, or other negative outcomes that result from your reliance upon such third party services.
Godmother is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members, or by any of the equipment or programming associated with or utilized in the Service. Godmother is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Godmother assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of user or Member communications. Godmother is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Godmother or any of its affiliates, advertisers, promoters, or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Godmother expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Godmother cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Godmother makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
The Service may provide, or third parties, including advertisers, may provide, links to other World Wide Web sites or resources. Because Godmother has no control over such sites and resources, you acknowledge and agree that Godmother is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Godmother shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods, or services available on or through any such site or resource.
22. Linked Accounts.
Godmother permits you to associate a Godmother username and password with your Window's Live ID, Facebook username, and Twitter username. When you establish a linked account, you can sign into such other services and automatically sign into Godmother at the same time. Godmother is not responsible for the operation or functionality of Window's Live, Facebook, or Twitter and does not provide technical support related to linking issues. Microsoft is a registered trademark of Microsoft Corporation, Facebook is a registered trademark of FaceBook, Inc. and/or its affiliates, and Twitter is a registered trademark of Twitter, Inc. and/or its affiliates.
23. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will Godmother be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Godmother has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Godmother’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Godmother for the Service during the term of membership.
24. U.S. Export Controls.
Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
25. Arbitration and Governing Law.
- Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Godmother in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Godmother any class action, class arbitration, or other representative action or proceeding.
- Notice of Rights. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Godmother (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Godmother (except for small-claims court actions) may be commenced only in the federal or state courts located in Palm Bach County, Florida, USA. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- Governing Law. This Agreement, and any dispute between you and Godmother, shall be governed by the laws of the state of Florida, USA without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
26. Indemnity by You.
You agree to indemnify and hold Godmother, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
27. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
28. Other and Amendments.
This Agreement contains the entire agreement between you and Godmother regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by Godmother at any time. If you are a Member or other site user at the time of any change, the revised terms will be effective upon posting on the Godmother website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you terminate your membership, your use of the Service as a non-Member user after your termination will constitute acceptance by you of the Agreement.
Please Contact Us
with any questions regarding this Agreement. Godmother.co.uk is a trademark of Godmother Empire and its affiliates.
I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS PROVISIONS. I ACCEPT AND AGREE TO ALL OF THE PROVISIONS CONTAINED OR CROSS-REFERENCED ABOVE.