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YOU ACKNOLWEDGE AND AGREE THAT LITTLEBIRDS MERELY PROVIDES THE SITE AND THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE MOMSDREAM SITES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF LITTLEBIRDS. LITTLEBIRDS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR FOR USE OF SITE'S MEMBERSHIP, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE. WITH RESPECT TO THIRD PARTY USER GENERATED CONTENT, MOMSDREAM NEITHER ORIGINATES NOR INITIATES ANY TRANSMISSION ON THE SITE NOR SELECTS THE SENDER AND RECEIVER OF A TRANSMISSION NOR SELECTS NOR MODIFIES THE INFORMATION CONTAINED IN A TRANSMISSION. MOMSDREAM HAS NO CONTROL OVER THE THIRD PARTY USER GENERATED CONTENT IN THE SITE AND ACTS AS AN "INTERMEDIARY" AS UNDERSTOOD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 WITH RESPECT TO ALL THIRD PARTY USER GENERATED CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR MEMBERSHIP AND/OR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MOMSDREAM NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR MOMSDREAM MEMBERSHIP, ANY TERMINATION OR CANCELATION OF YOUR MEMBERSHIP, ANY REFERRAL CREDIT PROGRAM (OR ASSOCIATED CREDITS); (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE SITE; (5) ANY FRAUDULENT ACT COMMITTED BY ANY PERSON USING THE SITE WHICH MAY OR MAY NOT INVOLVE FINANCIAL TRANSACTIONS, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MOMSDREAM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MOMSDREAM NOR ITS LICENSORS, SUPPLIERS, FRANCHISEES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH MOMSDREAM IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND MOMSDREAM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE, MOMSDREAM'S TOTAL LIABILITY TOWARDS YOU FOR ALL LIABILITIES ARISING FROM YOUR USE OF THE SITE OR PURCHASING PRODUCTS USING THE SITE SHALL NOT, BE IT IN TORT OR CONTRACT, EXCEED THE AMOUNT PAID BY YOU TO MOMSDREAM'S FRANCHISEES AGAINST THE VALUE OF THE PRODUCTS ORDERED BY YOU USING THE SITE.
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