Welcome to the Whole Modern Parent Website, Community and Platform (“WMP Properties”). Our Sites provide parents a way to connect with premium content and courses created by experts in various fields of wellness and personal development.
Use of the Sites and the Site
- Third Party Materials. While The Site uses reasonable efforts to include accurate and up-to-date information in the Site, The Site makes no warranties or representations as to its accuracy. You agree that it is impossible for The Site to monitor such materials and that you access these materials at your own risk. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site.
- Third Party Infringements. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Site at [email protected] Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
- Registering your Account. In order to access certain features of The Site you may be required to become a Registered User. For purposes of these Terms, a “Registered User” is a User who has registered an account on the Site. When you register with The Site and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or Sites, or other records or correspondence from The Site. You consent to receive notices electronically by way of transmitting the notice to you by email.
- Registration Data. In registering for the Sites, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Sites’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using WMP Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of WMP Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify WMP immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or WMP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WMP Properties has the right to suspend or terminate your Account and refuse any and all current or future use of WMP Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. WMP reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third-party that a username violates the third-party’s rights. You agree not to create an Account or use WMP Properties if you have been previously removed by The Site, or if you have been previously banned from any of WMP Properties.
- Data Access. The Site shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
Subscriptions and Payment
- Billing and Payment. Some features of the Site are only available if you purchase a subscription or pay one-time or other fees. If you sign up for a paid subscription, you agree to pay The Site all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize The Site, or our third-party payment processor, to charge your chosen payment method according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select, as further described on the Site. To the extent that you elect to purchase certain features on the Site, you agree to pay The Site the associated one time or other fees, and authorize The Site, or our third-party payment processor, to charge your chosen payment method for such fees. Site reserves the right to correct any payment errors or mistakes even if it has already requested and received payment. You are responsible for any state or local sales taxes associated with any such purchases or payments. All payments are non-refundable and there are no refunds or credits for unused or partially used subscriptions or other features of the Sites or the Site.
- Subscription Auto-Renewal. Some subscriptions may automatically renew for additional, successive subscription periods unless you cancel prior to the end of your current subscription period. The subscription rate and billing frequency of any renewal subscription periods will be the same as the initial subscription period, unless otherwise provided at the time you subscribe. If you sign up for a subscription that allows you to be charged monthly over the subscription period and you decide to cancel your subscription during the subscription period, you acknowledge and agree that you will continue to be billed for the subscription on a monthly basis until the subscription’s originally scheduled expiration date.
- Subscription Cancellation. You may cancel your paid subscription at any time by following the instructions on the account settings page of the Site, or by contacting WMP customer Site at [email protected] If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current subscription period expires, but your payment method will be charged, and you will be required to pay any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
- Free Trials. Site may offer limited-time free trial subscriptions from time-to-time. Users who sign up for a free trial may have limited access to the features of the Site or the Site. In addition, certain free trials may automatically convert into paid subscriptions unless the User cancels the trial subscription prior to the expiration of the free trial period.
- Receiving Expert Advice. We allow our Users and Course Creators to offer their experience and advice (“Expert Advice”) to other Users of the WMP Properties. You acknowledge and understand that any Expert Advice provided via the WMP Properties is for informational purposes only and is not reviewed for correctness, accuracy, truthfulness, completeness or reliability by The Site, nor is it endorsed or guaranteed by The Site. Expert Advice is not intended to diagnose, treat, cure or prevent any disease and does not constitute medical information, advice or care, and you acknowledge that Site, Experts, and the WMP Properties do not provide medical information, advice or care. You understand and agree that you assume the sole risk with respect to your receipt of any Expert Advice, and that the Site shall have no responsibility or liability whatsoever for such Expert Advice. To the extent you interact with an Expert that you believe is improperly purporting to provide medical information, advice, or care, please contact us immediately at [email protected].
- Expert Pledge. In order to serve as an Expert in the WMP Properties you agree that you will uphold the following community standards (the “Expert Pledge”): (a) respond to User questions within 24 hours or less; (b) be respectful of and non-judgemental about differing parenting philosophies; (c) create a safe and supportive environment for Users looking for help; (d) never discriminate based on race, sex, sexual preference, country of origin, religion, age, or disability; (e) ask clarifying questions if you don’t have enough information to give an informed response to a question; (f) give thoughtful responses based on research and experience, to the best of your ability; (g) not purport to offer any medical advice, and instead refer any medical questions to a licensed medical professional; and (h) uphold the highest standards of integrity in the WMP Properties. You understand that the foregoing commitments help to ensure a safe and supportive environment for all parents and community members and that WMP Properties reserves the right to remove your account or terminate your participation at any time and for any reason.
- Payment Terms. In consideration of the Expert Advice you may offer via the WMP Properties, WMP Properties will compensate you according to the Payment Terms outlined in your Course Creator contract, and may change the Payment Terms at any time. The Site may remove an Expert from the WMP Properties at any time and for any reason. The Site will only send Experts tax forms if The Site pays them greater than $25,000 in a calendar year for Expert Advice they provide on the WMP Properties.
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a WMP Expert, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Site. WMP Properties is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing content on WMP Properties. Nothing contained in the Site should be construed as any form of such medical advice or diagnosis.
By using the Site, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from the Site, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against the Site and WMP Properties, or any person or entity involved with WMP Properties, including without limitation its directors, principals, instructors, experts, independent contractors, employees, agents, contractors, affiliates and representatives.
- WMP Properties. Except with respect to Course Creator Content and User Content, you agree that Site and its suppliers own all rights, title and interest in WMP Properties. You will not remove, alter or obscure any copyright, trademark, Site mark or other proprietary rights notices incorporated in or siteing the Website, the Sites, or WMP Properties.
- Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in WMP Properties.
- Your Content. Site does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in WMP Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
- License to Your Content. Subject to any applicable account settings that you select, you grant Site a fully paid, royalty-free, perpetual, transferable, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing WMP Properties to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of WMP Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not WMP Properties, are responsible for all of Your Content that you Make Available on or in WMP Properties.
- Identification. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on or in WMP Properties, you hereby expressly permit Site to identify you by your name as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
- Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of WMP Properties.
- Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Site through its suggestion, feedback, email, forum or similar pages (“Feedback”) is at your own risk and that Site has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Site a fully paid, royalty-free, transferable, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of WMP Properties.
Copyright Infringement Claims
It is Site’s policy to terminate membership privileges of any User or Expert who infringes copyright upon prompt notification to Site by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been reproduced on the Site in a manner which constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing: (a) identification of the copyrighted work that is claimed to be infringed; (b) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Website; (c) information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address; (d) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; (e) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and (f) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
Notices of copyright infringement claims should be sent by e-mail to Whole Modern Parent., Attn: Michelle Briggs - [email protected] We will respond expeditiously to claims of copyright infringement that are reported to our copyright agent in the notification explained above. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of Users who repeatedly infringe copyrights or intellectual property rights of others.
If you believe that any of Your Content that was removed (or to which access was disabled) after we received a notice of copyright infringement is not actually infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may send a counter-notice containing the following information to our copyright agent: (a) your physical or electronic signature (with your full legal name); (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief, under penalty of perjury, that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, and email address, and a statement that you will accept Site of process from the person who provided the original notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) business days or more after receipt of the counter-notice, at our sole discretion. Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
You agree to indemnify and hold The Site and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any Sites that The Site may provide via the Site, and (v) your conduct in connection with the Site or the Sites or with other users of the Site or the Sites. The Site reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide The Site with such cooperation as is reasonably requested by The Site.
Disclaimer of Warranties and Limitation of Liability
NEITHER THE SITE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE SITE LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE SITE TECHNOLOGY OR SITES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SiteS. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE SITE CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE SITE DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE SITE SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR Site PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY Site PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
IN NO EVENT SHALL THE SITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SITE, OR CLAIMS FOR SITE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SiteS PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE SITE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
- Electronic Communications. The communications between you and WMP Properties use electronic means, whether you visit the WMP Properties Properties or send WMP Properties e-mails, or whether WMP Properties posts notices on the WMP Properties Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from WMP Properties in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that WMP Properties provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Release. You agree to bear all risk and hereby release the WMP Properties Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Users, third-party websites, the products or services included in the Resources, or otherwise arising in connection with or as a result of these Terms or your use of the WMP Properties Properties. You further waive any and all rights and benefits which you have or may have under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware, and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
- Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without WMP Properties’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure. WMP Properties shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Oklahoma County, Oklahoma. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: June 1, 2020