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Terms & Conditions

MOHM LLC Terms of Use

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Last Updated: September, 5th, 2023

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These Terms of Use (the "Terms" or "Agreement") set forth the terms and conditions under which individuals residing in the United States may use the MOHM Site.

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Please read these Terms before using the Site. By using the Site, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a user of the Site (or “Users”).

For purposes of these Terms, and except to the extent expressly excluded below, the "Site" shall mean www.joinMOHM.com, www.theMOHMapp.com, and any other websites, web pages, mobile applications and mobile websites operated by MOHM LLC ("MOHM" or "we") in the United States.

 

  • This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against MOHM to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section 13 "Agreement to Arbitrate") no later than 30 days after the date you first use the MOHM Site. Unless you opt out: (1) you will only be permitted to pursue claims against MOHM on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

  • If you object to anything in these Terms, do not use the Site.

  • These Terms are subject to change by MOHM at any time. Changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. We will notify all Users of changes to these Terms by sending an email to the address we have on file, or by posting a notification on our Site. You should periodically check the site for updates. Any use of the Site by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.

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  1. Description of Services; Limitations; User Responsibilities

 

1.a. About Our Services. MOHM is a platform that allows its users to find and connect with each other for the purposes building stronger, local communities.  We provide an aggregate of information and services that enable users to communicate with one another, post on the Site, and browse and search for users or services based on various criteria.

 

1.b. We offer through Stripe, Inc., (“Stripe”), a third party, a service that facilitates purchases via credit card or debit card. These payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, all users that use the payment service also agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of joinMOHM.com and theMOHMapp.com enabling payment processing services through Stripe, you agree to provide joinMOHM.com and theMOHMapp.com accurate and complete information about you, and you authorize MOHM to share it and transaction information related to your use of the payment processing services provided by Stripe. MOHM LLC assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.

 

1.c. Additional services include a third party to facilitate conducting background checks. Users of this service, as well as any other integrated third party service, are subject to the terms and conditions of those related services.

 

1.d. Services continue to grow and change. Please refer to our Site for further information about the services we provide.

 

1.2. Limitations of our Services
We offer a variety of services to help our users connect and organize. Except as set forth below, Site users are responsible for compliance with all applicable employment, licensing, and other laws in connection with any relationship they establish (such as applicable payroll, tax, minimum wage laws) with other users via the Site. We do not have control over, and assume no responsibility for, the quality, timing, or legality of any interaction between users or of the integrity, responsibility or actions of users and we neither refer or recommend users nor make any representations about the suitability, reliability, timeliness, or accuracy of any services provided by users or the integrity, responsibility, or actions of such users whether in public, private or offline interactions. MOHM does not assume any responsibility for the accuracy or reliability of any information provided by users on or off this Site.  
 

MOHM is not responsible for the conduct, whether online or offline, of any user of the Site or Services. Moreover, MOHM does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users hereby expressly agree not to hold MOHM (or MOHM's officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors or independent contractors (hereinafter "Affiliates") liable for the actions or inactions of any user or other third party or for any information, instruction, advice or services which originated through the Site, and, MOHM and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

 

1.3. User Responsibilities
Any screening of a User and their information by MOHM is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability for any service. Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting any other user for any interaction.

 

Eligibility to Use the Site and Services
By requesting to use, registering to use and/or using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:

  1. Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet the above age requirements, do not register to use the Site or Services.

  2. You must not be a competitor of MOHM or using the Site for reasons that are in competition with MOHM.

 

2.  Rules for User Conduct and Use of Services

 

2.1. Registration, Posting, and Content Restrictions
The following rules pertain to "Content", defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"). By posting any Content while using our Service, you agree, represent, and warrant as follows:

  • You are responsible for providing accurate, current, and complete information in connection with your registration for use of the Site and the Services.

  • You will register your account in your own name, even if you are seeking services for another individual or family member.

  • You are solely responsible for any Content that you post on the Site or transmit to other users of the Site. You will not post on the Site or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, homophobic, transphobic, defamatory, 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), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from MOHM where this is not the case. You will not provide inaccurate, misleading, defamatory, or false information to MOHM or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.

  • You understand and agree that MOHM may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of MOHM violates these Terms or which MOHM determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety or comfort of users of the Site or others.

  • You have the right, and hereby grant, to MOHM, its Affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by MOHM will not infringe or violate the rights of any third party.

  • Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with all applicable laws and regulations.

 

  • We welcome your feedback about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of MOHM and we may use all such communications, all without notice.

 

You agree that MOHM has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
 

MOHM disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site. Users hereby represent, understand, and agree to hold MOHM harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Site or in any other venue.

 

2.2. Prohibited Uses
By using the Site or Services of MOHM, you agree that you will not under any circumstances use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; use the Site or Services for any fraudulent or unlawful purpose, for any purpose not expressly intended by MOHM or for the promotion of illegal activities; harass, abuse or harm another person or group, or attempt to do so; use another user's MOHM account; provide false or inaccurate information when registering an account on MOHM, using the Services or communicating with other Users; attempt to re-register with MOHM if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;

  • interfere or attempt to interfere with the proper functioning of MOHM's Services;

  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);

  • publish or link to malicious content intended to damage or disrupt another user's browser or computer.

  • You agree to not violate any law or regulation or use the Services for illegal or unintended purposes.

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By using the Site and Services, you agree to protect both MOHM’s and other users’ legal rights, personal safety or property, intellectual property, and privacy.

Should MOHM find that you violated the terms of this section or any terms stated herein, MOHM reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that MOHM may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain User information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a "mirrored", competitive, or third party site. This obligation shall be in addition to any other rights MOHM may have under these Terms or applicable law. Further, in order to protect the integrity of the Site and the Services, MOHM reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

 

3. Fees

All paid membership subscriptions and recurring fees will be automatically debited from the User’s account within the timeframe agreed upon by the registration.  Membership cancellation requests are effective immediately and service access will be terminated at the end of the active membership period. Otherwise, Subscriptions and fees will continue indefinitely until cancelled by the user.

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3.1 Free Trials

MOHM may offer free trial subscriptions that last for any pre-determined amount of time.  Users who sign up for a subscription using this method will be subject to the appropriate monthly fees upon completion of the trial period unless the user cancels their subscription before the scheduled billing date.  Users may cancel their registration and request a refund of the subscription fee within fifteen (15) days of being charged after a free trial period has ended. 

 

4. Termination
MOHM reserves the right, in its sole discretion, to immediately terminate your access to all or part of the MOHM Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with MOHM, with or without notice for any reason or no reason in its sole discretion, including without limitation if MOHM should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a User, have mis-used or mis-appropriated Site content, including but not limited to use on a "mirrored," competitive, or third-party site. Upon termination, MOHM shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
 

Following any termination of any individual's use of the Site, MOHM reserves the right to send a notice thereof to other Users with whom we believe the individual has corresponded.

 

5. Privacy
MOHM uses the information you provide on the Site or via the Services in accordance with our privacy policy. For more information, see our full privacy policy, the terms of which can be found at joinmohm.com/privacy.

 

6. Links To External Sites
Links from the Site to external sites or inclusion of other third-party content do not constitute an endorsement by MOHM of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users' reference and convenience.
Users access them at their own risk.

 

7. Release of Liability for Conduct and Disputes
Any issues concerning the conduct of a User including, without limitation, the services received from a user must be resolved directly between users. MOHM will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues.
 

By using this Site or our Services, you hereby represent, understand, and expressly agree to hold MOHM harmless for any claim or controversy that may arise out of the actions of or relationship between you and any other user(s) of the Site. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if you decide to meet offline. By using the Site, you agree to report any alleged improprieties of any users therein to MOHM immediately by notifying MOHM of the same via electronic correspondence.

 

8. Age Restrictions
MOHM is intended for people 18 or over. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.

 

9. Disclaimers; Limitations; Waivers; Indemnification

 

9.1. No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is," "as available." Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by MOHM, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. MOHM DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN MOHM; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MOHM EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, MOHM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES TO ANOTHER USER OR TO EMPLOY THE SERVICES OF ANOTHER USER.

 

9.2. Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site. You agree to take all necessary precautions when interacting with other site visitors or users.

 

9.3. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will MOHM be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any terminate of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if MOHM, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL MOHM'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID MOHM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.
 

No Liability for non-MOHM Actions. IN NO EVENT WILL MOHM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE  OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
 

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice, content, or user recommendations that may be shared (on or offline) or posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. MOHM makes no representations or warranties and expressly disclaims all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. 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.

 

9.4. Indemnification
By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless MOHM and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by MOHM and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a User using the Site or Services. Users further agree that they will cooperate as reasonably required in the defense of such claims. MOHM and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of MOHM. Users further agree to hold harmless MOHM and its Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.

 

10. Copyright Notices/Complaints
It is MOHM's policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting MOHM. In an effort to protect the rights of copyright owners, MOHM maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.

 

11. Governing Law and Jurisdiction
These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Minnesota, including Minnesota’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law.


You agree that any claim or dispute that has arisen or may arise between you and MOHM must be resolved exclusively by a state or federal court located in the State of Minnesota. You and MOHM agree to submit to the personal jurisdiction of the courts located within the State of Minnesota for the purpose of litigating all such claims or disputes.

 

12. Consent to Electronic Communication
By using the Site or Services of MOHM, you agree to allow MOHM to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks and Preliminary Membership Screens) from MOHM via the MOHM Site, online messaging platform, or e-mail. You also agree to check your MOHM account, alerts, and messages, and the e-mail account reflected on your MOHM on a reasonably regular basis to stay apprised of important notices and information about your account.

 

13. Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate (as defined in Section 1) is expressly made a third-party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

 

14. Severability
If a court decides that any term or provision of these Terms is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. The remainder of the Terms will continue to apply.

 

15. Contact Information
If you have any questions or need further information as to the Site or Services provided by MOHM, or need to notify MOHM as to any matters relating to the Site or Services please contact MOHM at: info@themohmapp.com

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