Mocha Mommy & More User Terms of Service

Effective Date: October 27, 2021

This website is operated by Mocha Mommy & More, LLC (“Mocha Mommy,” “we,” “us,” or “our”). Mocha Mommy offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” (or “Mocha Mommy Services”) and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on the Showit, Inc. platform. Shopify, Inc. provides us with the online e-commerce platform that allows us to sell our products and/or services to you and your purchases of our products and/or services may also be subject to their Terms and Conditions.

1. Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. Privacy

By using the Mocha Mommy Services, you consent to our processing your information consistent with our Privacy Policy. You authorize Mocha Mommy to use and publish any comments you choose to share about the Mocha Mommy Services unless otherwise specified. Mocha Mommy will only publish comments using your first name. If you choose to share information over email, telephone or video communications, you acknowledge that such email, telephone or video communications may not be encrypted and/or may not be a secure method of communication, and you assume the risk of such unsecured communications.  

3. General Conditions 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

5. Prohibited Conduct

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Violations of system or network security may result in civil or criminal liability.   We may investigate and work with law enforcement authorities to prosecute users who violate these Terms.  We may suspend or terminate your access to the Mocha Mommy Services for any or no reason at any time without notice.

6. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

7. Intellectual Property Rights

Mocha Mommy Intellectual Property

Mocha Mommy and/or its licensors are the owner of all right, title, and interest in and to the Mocha Mommy Services, including all rights to the information, content, design, software code, scripts, database structures, trademarks, copyrights, patents, and other intellectual property included in or utilized by the Mocha Mommy Services, and any updates thereto (the “Mocha Mommy IP”). Mocha Mommy IP is protected by applicable intellectual property and other laws, including laws governing patents, copyrights, trade secrets, trademarks, and unfair competition.

Reservation of Rights Not Expressly Granted

Mocha Mommy reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Mocha Mommy intellectual property.

Open-Source

The Mocha Mommy Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open-Source Components”). Although the Mocha Mommy Services are provided to you subject to these Terms, nothing in these Terms will be deemed to prevent, restrict, or otherwise prevent or restrict you from obtaining such Open-Source Components under the applicable third-party licenses or to limit your use of such Open-Source Components thereunder.

Content

In the event that the Mocha Mommy Services enable you or other users to upload content to the Mocha Mommy Services, including messages, reviews, images, data, text, and other types of information (“Content”) and to publish Content on the Mocha Mommy Services, Mocha Mommy retains all rights in the Content that you post to the Mocha Mommy Services.  You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Limited License Grant to Mocha Mommy 

By posting or publishing Content, you grant Mocha Mommy a worldwide, nonexclusive, royalty-free, fully paid, unrestricted right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, modify, and distribute your Content, in whole or in part, in accordance with our Privacy Policy, in any media formats and through any media channels now known or hereafter developed.

Content Representations and Warranties

You are solely responsible for your Content and the consequences of posting or publishing Content. By posting or publishing Content, you affirm, represent, and warrant that:

• you are the creator and owner of the Content, or have the necessary licenses, rights, consents, and permissions to authorize Mocha Mommy and users of the Mocha Mommy Services (including Providers) to use and distribute your Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by the Mocha Mommy Services, Mocha Mommy, and these Terms; and
• your Content, and the use of the Mocha Mommy Services as contemplated by these Terms, do not and will not: (1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (2) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (3) cause Mocha Mommy to violate any law or regulation, including laws related to the privacy of personal or health information.

Content Disclaimer

Mocha Mommy is under no obligation to monitor, edit, or control Content that you or other users post or publish, and will not be in any way responsible or liable for Content or any failure to review or act upon Content. Mocha Mommy may, however, at any time and without prior notice, screen, remove, edit, or block any Content that in our sole judgment violates these Terms or is otherwise objectionable. To the fullest extent allowed under applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Mocha Mommy with respect to Content. We expressly disclaim any and all liability in connection with Content, to the fullest extent allowed under applicable law. If notified by a user or content owner that Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice.

You hereby consent to Mocha Mommy’s engagement of third parties (including Mocha Mommy’s affiliates and subsidiaries) to perform, provide, or support the performance or provision of, all or any portion of the Mocha Mommy Services, and they may receive access to your Content.

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. The trade names, trademarks, service marks, logos, and slogans contained in the Mocha Mommy Services are the trade names, trademarks, service marks, logos and slogans of Mocha Mommy (each a “Mark” and collectively the “Marks”). You are not authorized to use any Mark in any advertisement, publicity or in any other commercial manner without our prior written consent. The trade names, trademarks, service marks, logos and slogans contained in the Mocha Mommy Services that are not our Marks are the trade names, trademarks, service marks, logos and slogans of their respective owners.

Feedback

You may be asked to provide input, suggestions, and feedback on the Mocha Mommy Services and your Mocha Mommy experience (“Feedback”). This Feedback is always optional and your choice. If you choose to provide Feedback, then you hereby grant Mocha Mommy an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit such Feedback in any manner and for any purpose, including to improve the Mocha Mommy Services and create other products and services. The Feedback may be hosted and stored at a third-party website. You agree to not provide any personally identifiable information when providing Feedback.

Automatically Collected Data

We may collect certain information automatically when you use the Mocha Mommy Services, such as your Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, pages that you visit before and after using the Mocha Mommy Services, the date and time of your visit, information about the links you click and pages you view within the Mocha Mommy Services, and other standard server log information. We may also collect certain location information when you use our Mocha Mommy Services, such as your computer’s IP address, your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers.

We may use cookies, pixel tags, Local Shared Objects, and similar technologies to automatically collect this information. Cookies are small bits of information that are stored by your computer’s web browser. Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons”, “tracking pixels” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device.   Local Shared Objects (sometimes referred to as “Flash Cookies”) are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. By using the Mocha Mommy Services, you consent to our use of cookies and similar technologies.

We may also collect technical data to address and fix technical problems and improve our Mocha Mommy Services, including the memory state of your device when a system or app crash occurs while using the Mocha Mommy Services. Your device or browser settings may permit you to control the collection of this technical data. This data may include parts of a document you were using when a problem occurred, or the contents of your communications. By using the Mocha Mommy Services, you are consenting to the collection of this technical data.

Copyright Policy

Let us know if you think a user has violated your copyright using the Mocha Mommy Service, or if you think someone incorrectly reported that you violated his or her copyright. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Mocha Mommy Services infringe your copyright, you (or your agent) may send Mocha Mommy a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Mocha Mommy Services are covered by a single notification, a representative list of such works);
3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Mocha Mommy to locate the material on the Mocha Mommy Services;
4. Your name, address, telephone number, and email address (if available);
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Mocha Mommy a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Mocha Mommy Services should be sent to notices@mochamommymore.com. Consult your legal advisor and see 17 U.S.C. Section 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

8. Errors, Inaccuracies and Omissions 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

9. Website and Third-Party Content

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties. 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

10. Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

11. Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOUR USE OF THE MOCHA MOMMY SERVICES IS AT YOUR OWN RISK. THE MOCHA MOMMY SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE MOCHA MOMMY SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE MOCHA MOMMY SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.  WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE MOCHA MOMMY SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE MOCHA MOMMY SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

IN NO EVENT WILL WE, OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (THE “ RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE MOCHA MOMMY SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE MOCHA MOMMY SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE MOCHA MOMMY SERVICES OR THE DATA COLLECTED THROUGH THE MOCHA MOMMY SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.   BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MOCHA MOMMY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THEBASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

You agree that your sole remedy for any claim arising out of or connected with the Mocha Mommy Services will be to cease using the Mocha Mommy Services. 

You acknowledge and agree that Mocha Mommy is not engaged in the practice of medicine and that Mocha Mommy is not determining appropriate medical use of the services.   Mocha Mommy, its licensors, suppliers, and all third parties who promote the services or provide you with a link to the services expressly disclaim any and all liability resulting from the delivery of healthcare via the service, including but not limited to liability for medical malpractice.

13. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DEMANDS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH: (I) YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY CONTENT; (II) YOUR USE OF OR RELIANCE ON ANY MOCHA MOMMY IP, THE CONTENT OR SERVICES, OR THE USE OF THE MOCHA MOMMY SERVICES; (III) ANY ACTIVITY ON THE MOCHA MOMMY SERVICES UNDER YOUR LOG-IN CREDENTIALS; (IV) YOUR BREACH OF THESE TERMS; OR (V) ANY ALLEGED VIOLATION BY YOU OF THESE TERMS.   WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH THE RELEASED PARTIES ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION.   IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.

14. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

15. Termination 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

16. Force Majeure

To the fullest extent permitted under applicable law, Mocha Mommy will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. 

For purposes of this section, “ Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God, including pandemics or epidemics; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labor strikes; (e) telecommunications, network, computer, server or Internet disruption or downtime; (f) unauthorized access to Mocha Mommy’s information technology systems by third parties; or (g) other causes beyond the reasonable control of Mocha Mommy.

17. Dispute Resolution

Prior to filing any cause of action, or legal proceeding, with the requisite court of law, Mocha Mommy and You (the “Parties”) agree that they will first be required to attend in-person mediation in Dallas, Texas.  Both Parties agree that they will send a representative with full settlement authority to the mediation.  The cost of the in-person mediation shall be split amongst the Parties but shall not include travel costs of either party associated with attending the in-person mediation.  Notwithstanding the foregoing, the pre-suit mediation requirement will be waived and not required in the event Mocha Mommy brings an action against You for unpaid services fees or other unpaid fees.

18. Choice of Law and Venue

These Terms shall be governed and construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed without reference to its principles of conflict of laws.  You expressly agree that any legal action or proceeding between Mocha Mommy and You for any purpose concerning or related to these Terms or the Parties’ obligations hereunder shall be brought exclusively in a court of record for Dallas County, Texas or the United States District Court for the Northern District of Texas—Dallas Division.  You covenant not to sue Mocha Mommy in any other forum.  You hereby agree to consent to personal jurisdiction of the state and federal courts situated within the State of Texas for purposes of enforcing these Terms and waive any objection that You might have to personal jurisdiction or venue in those courts.  Neither the course of conduct and/or course of dealing between the Parties nor trade practices shall act to modify any provision of these Terms.

19. Compliance with Dispute Resolution and Venue

In the event that either of the Parties fails to comply with the Dispute Resolution procedure set for in Section XVII of these Terms, and files a cause of action or legal proceeding prior to a required mediation taking place; or in the event either of the Parties files any cause of action or legal proceeding in a court of law against the other in a court of law other than a court of law identified in Section XVIII of these Terms, the filing Party agrees to pay the non-filing Party’s reasonable attorneys’ fees and all costs and expenses incurred with respect to defending such improperly filed cause of action or legal proceeding.

20. Miscellaneous

These Terms, together with the Mocha Mommy Privacy Policy, constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us.   You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Mocha Mommy Services. 

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of these Terms or respond to any violations.   Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Mocha Mommy Services or information provided to or gathered by us with respect to such use. 

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. 

You certify that you have read, accept, and hereby consent to the terms of these Terms, and your acceptance of these terms constitutes your electronic signature to these Terms. These Terms constitutes the sole agreement between you and Mocha Mommy for your use of the Mocha Mommy Services, and any further statements or inducements, oral or written, not contained in these Terms shall not bind either you or Mocha Mommy. Any of the terms of these Terms which are invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of these Terms.

You agree to comply with these Terms. You understand and agree that if you fail to comply with these Terms, you may be prohibited from using the Mocha Mommy Services, and you will hold Mocha Mommy harmless from any liability arising from your failure to comply.