GENERAL TERMS AND USE OF SERVICE
This website is owned and operated by the Lost Creek Moms Club (LCMC). These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors to learn about the LCMC and its purpose, membership requirements, member events and opportunities to sponsor and/or provide for our Give Back Program. Additionally, the website offers a way to pay membership dues and products in association with LCMC. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
Age Requirement. In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Access and Use. If you wish to access or use our website, or any portion of it, you must read and accept this Agreement. If you register to become a member of LCMC, you also agree to: (a) provide true, accurate, current and complete information about yourself as requested in the registration process ("Registration Data") and (b) maintain and update your Registration Data at all times. We reserve the right to suspend or terminate your access or use of the Service (or any portion thereof) at any time, if you provide any information that is untrue, not current, or incomplete.
Account Security. You are responsible for all activity and transactions that occur under your account, including by unauthorized users. We recommend you create a complex password to help secure your account. You must safeguard the confidentiality of your password. Membership is for use by a single person, and you must not allow others to use your account. If you are using a device that others have access to, you must log out of your LCMC account after each use. If you become aware of any unauthorized access to your account or other security breach, you must change your password and notify us immediately at Lostcreekmomsclub@gmail.com. We will not be liable for any loss or damage you suffer due to unauthorized access to your account or personal device, including for purchases made without your consent.
DELETION, SUSPENSION OR TERMINATION OF USER ACCOUNT
Ineligible account. We reserve the right but is under no obligation to delete your account if user does not reside in or moves out of the Lost Creek neighborhood as defined by LCMC.
Inactive Account. We reserve the right but is under no obligation to delete your account if your membership is not current. Memberships are current when user either joins LCMC for the first time or current members renew membership by providing payment for their membership dues for the current membership term as defined below under “membership plan term”.
Suspension or Termination for Cause. We may suspend, disable or terminate your Member or User Account, or block or remove any User Content you submitted, immediately without notice at any time if LCMC determines in its sole discretion that you violated any of the terms of this Agreement, or that your conduct or User Content (described in the next section) would damage LCMC’s reputation or goodwill. If LCMC exercises its rights to suspend or terminate your account, you agree to immediately stop accessing or using (or attempting to access or use) the Service in any way, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. We may block your email address and Internet protocol address to prevent re-registration by you. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. You will not receive a refund or credit if your membership is suspended or terminated. This Agreement shall survive such terminate and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. After termination, we may access, preserve or disclose your account information or content if required by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) respond to your requests for customer service.
User Content. In order to create a community experience where users can encourage and motivate one another, we give you the ability to submit or post text comments and other content (such as images or graphics) ("User Content") through certain features of the website. We aim to foster a welcoming and respectful community. You are solely responsible for User Content that you post, or otherwise make available on our website. You are required to be courteous and civil in all interactions with LCMC, including board and general members of LCMC. We do not and cannot screen, monitor or control all content posted and do not guarantee the accuracy, integrity or quality of such content. However, LCMC reserves the right to monitor your User Content and you hereby provide your irrevocable consent to such monitoring and waive any expectation or privacy in your User Content. We further reserve the right, but not the obligation, in our sole discretion to edit, refuse publishing, or delete any User Content in our sole discretion. We also do not guarantee that you will not be exposed to content that you deem offensive, indecent or objectionable. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to investigate or adjudicate disputes between you and any other user. If you believe any User Content to be in violation of this Agreement, report email us at Lostcreekmomsclub@gmail.com. Under no circumstances will LCMC be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the posting of any User Content via the Service.
Prohibited User Content. You must not post any objectionable User Content. We reserve the right, but have no obligation, to remove User Content that is, in our sole discretion, objectionable, inappropriate, off-topic, violative of any law, regulation or the right of any person. We may also, in our sole discretion, investigate or take legal action against anyone who violated or is believed to have violated this section, including suspending or terminating your access to the Service. "Objectionable" User Content includes, but is not limited to content that:
infringes upon any third party's intellectual property rights, (including pirated music or copyrights or trademarks);
is deceptive, including the impersonation of any other person;
is inaccurate, irrelevant or inappropriate for posting on the Service;
contains sexually explicit or pornographic content;
promotes false or misleading information;
is hateful, vulgar, threatening, obscene, defamatory, discriminatory, libelous or otherwise objectionable;
harasses, stalks, denigrates, ridicules or intimidates;
advertises or solicits the purchase any product or service, including through contests or sweepstakes;
promotes fraudulent schemes, multi-level marketing schemes, get rich quick schemes, gaming, gambling, work from home businesses, or any other questionable ventures;
depicts or promotes acts of violence, criminal activity or unlawful acts, including animal cruelty;
infringes upon any third party's privacy rights; contains information or the likeness of another person including their name, address, email, governmentally issued identification number, telephone number, likeness, or other personally identifiable information without such person’s consent;
contains programs, scripts or algorithms such as viruses, time bombs, trojan horses, spiders, bots, worms or other harmful, or disruptive applications designed to interrupt, destroy or limit the functionality of the Service, or any device or telecommunications equipment;
consists of "spam," "junk mail," or similar unsolicited mass messaging;
interferes with or disrupts the Service;
is restricted or requires password access to view; or,
includes any content that violates any law or regulation.
You may discontinue use and request to cancel your account and/or any services at any time.
Member Account. We require you to register to become a site member ("Member") by providing your name, a username, password and email address. By clicking to accept this Agreement as an Application User or by registering to become a Member, you warrant that (1) you are legally capable of entering into a binding agreement, (2) the information you provide, if required to be provided, is truthful and accurate, and, (3) your use of the Service will not violate any laws or regulations.
Communications. By providing us your email address, you agree to opt-in to receive transactional or administrative emails related to your membership. If you do not wish to receive emails from LCMC, you can opt-out by emailing us at Lostcreekmomsclub@gmail.com
Membership plan term. All memberships to LCMC are based on an annual plan and require renewal every August. Membership activities run from September through May and there are no membership activities in the months of June through August. Every August, LCMC provides a membership drive offering a renewal of membership for the upcoming year. New members may join LCMC anytime throughout the year. However, plans purchased will only be good for the current plan term and the member will be required to renew their membership in August.
PURCHASES MADE THROUGH THE WEBSITE
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for membership dues and/or for our products are listed on the website. The price is the total cost to you and no additional fees or taxes will be charged. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
LCMC has a no refund policy. Please refer to our refund policy for more information.
DISCLAIMER OF WARRANTIES
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.
OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS, AND LOGOS
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Lost Creek Moms Club. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
You agree to indemnify and hold Lost Creek Moms Club harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Lost Creek Moms Club, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Lost Creek Moms Club assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
RIGHT TO CHANGE AND MODIFY TERMS
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
By accessing or using the Service (including the Website and Application), you agree that the exclusive means of resolving any dispute or claim between you and LCMC arising out of or relating to: (i) this Agreement, (ii) the Service, including the Website or Applications, or (iii) any transaction between us, shall be by binding arbitration. You and LCMC further agree that any decision regarding the enforceability or validity of this arbitration provision will be determined by the arbitrator and not by any court. You further agree not to, under any circumstances, bring or maintain any claim against LCMC as part of a class action, class arbitration, or other representative action or proceeding. In agreeing to this, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT INCLUDING YOUR RIGHT TO A JURY TRIAL. YOU ARE ALSO GIVING UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER CLASS PROCEEDING. If you do not agree to this arbitration agreement and class action waiver, you must send a written letter to us at Lostcreekmomsclub@gmail.com within ten (10) days of your initial assent to these Terms (including your first purchase of any service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the waiver of class action rights.
In arbitration, your claims will be heard and determined by a neutral arbiter, not a judge or jury. You are entitled to a fair hearing in front of the arbitrator. Arbitration is usually a more informal streamlined procedure than a court proceeding. An arbitrator can grant the same relief that a court can award. Therefore, decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. The arbitrator will not have the authority to: (1) consolidate claims brought by more than one person against the LCMC; (2) preside over any representative or class action against LCMC; or (3) award damages to a class. Any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. You acknowledge and agree that this class action waiver is material to the agreement to arbitrate disputes.
This Agreement, and any dispute between you and LCMC, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. Arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA’s Commercial Arbitration Rules ("AAA Rules") in effect at the time of the dispute. You may obtain copies of the AAA Rules which explain how to begin an arbitration procedure by visiting the AAA website at www.adr.org, or by calling AAA at (800) 778-7879.
In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the LCMC may be commenced only in the federal or state courts located in Austin, Texas. You hereby irrevocably consent to the jurisdiction of these courts and waive any right to a trial by jury.
OUR COMMITMENT TO ACCESSIBILITY
LCMC is committed to making its website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email us at Lostcreekmomsclub@gmail.com and put "Disabled Access" in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate for everyone and our overall accessibility policies.
CUSTOMER SUPPORT DETAILS & CONTACT INFO
If you have any questions or concerns about Lost Creek Moms Club, please contact us at Lostcreekmomsclub@gmail.com