LEGAL

Revised: 08.08.24

1. ACCEPTANCE OF TERMS

Momma Merch, LLC (“Momma Merch”) provides technology-enabled services, including the software

offering branded as “Momma Merch” and the website at www.momma-merch.com as well as other related

subdomains, software, content, services and/or platforms, including all versions and upgrades thereto (collectively,

the “Services”). Your use of the Services is subject to and governed by the terms and conditions in these Terms of

Service (these “Terms”). Momma Merch may, at its discretion, update these Terms at any time. You can access and

review the most current version of these Terms at the URL for this page or by clicking on the link within the

Services, or as otherwise made available by Momma Merch.

PLEASE REVIEW THESE TERMS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING

OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY UPDATES OR REVISIONS

POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND

CONDITIONS OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

THESE TERMS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM

ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR YOUR ACCESS TO OR USE OF THE SERVICES,

INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE TERMS, AND YOU AGREE THAT ANY SUCH

CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR

REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 16 CAREFULLY TO

UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

If you are entering into these Terms, you represent and warrant that you: (i) are of legal age to form a

binding contract; (ii) have the right, authority, and capacity to agree to and abide by these Terms; and (iii) are not a

person barred from using the Services under the laws of any applicable jurisdiction. THE SERVICES ARE NOT

INTENDED FOR USERS UNDER THE AGE OF 18 OR THE LOWEST AGE PERMITTED BY APPLICABLE LAW, AND SUCH

PERSONS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA TO OR USING ANY ASPECT OF THE

SERVICES. BY SUBMITTING ANY PERSONAL DATA TO OR USING ANY ASPECT OF THE SERVICES OR CREATING AN

ACCOUNT, YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR NO YOUNGER

THAN THE LOWEST AGE PERMITTED BY APPLICABLE LAW.

Momma Merch does not verify or authenticate any user, caregiver, provider, parent, guardian, or any

information relating to or posted by such persons. You assume all risk in contacting or communicating with any

user of the Services.

2. RIGHTS

(a) Grant. Subject to and conditioned on your compliance with these Terms (including as set forth in

Section 2(e) ), Momma Merch hereby grants you a limited, personal, non-exclusive, non-transferable, non-

sublicensable, revocable license solely to use the Services for your personal, non-commercial use. Your access to

and use of the Services must further comply with all usage guidelines which may be posted or made available by

Momma Merch.

(b) Mobile Apps. Momma Merch may make available mobile software applications for access to and

use of certain components of the Services (collectively, “Mobile Apps”). Your access to and use of Mobile Apps is

subject to and governed by these Terms. If any Mobile App is downloaded by you from the iTunes App Store,

Windows Phone Store, Amazon Appstore, Google Play or any similar service (an “App Store”), your use of such

Mobile App is further subject to your compliance in all material respects with the terms and conditions of the

applicable usage rules set forth by such App Store. These Terms are between you and Momma Merch only and not

with the proprietor of any App Store (a “Third-Party Proprietor”), and no Third-Party Proprietor is responsible for

Mobile Apps and the contents thereof; however, any Third-Party Proprietor and its subsidiaries are third-party

beneficiaries of these Terms with respect to Mobile Apps. To use the Mobile Apps, you must have a mobile device

that is compatible with the applicable Mobile App, and Momma Merch does not represent or warrant that the

applicable Mobile App will be compatible with your mobile device. You may use mobile data in connection with

the Mobile Apps and incur additional charges from your wireless provider for these services; you agree that you

are solely responsible for such charges

Momma Merch’s names, brands, trademarks, service marks or logos that Momma Merch makes available on the

Services (“Marks”). Momma Merch claims trademark protection over all such Marks. You will not remove or alter

the Marks or any proprietary notices on or within the Services. The Marks may not be included by you in or as part

of any registered corporate name, any other logo, or service or product name. You may not create any derivative

works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of

endorsement, sponsorship, or association with Momma Merch. You will not otherwise use business names or

logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill

arising out of such use will inure to Momma Merch’s benefit.

(d) Responsibility for Content. All information, data (including information received or provided by

you through your use of the Services), text, documents, images, photos, and other materials accessible through the

Services (“Content”) are the sole responsibility of the party from whom such information, data, text, documents,

images, photos, audio files, or materials originated. You acknowledge and agree that: (i) the Services may provide

access to and/or rely on Content from third parties, and such third parties, and not Momma Merch, are entirely

responsible for such Content; (ii) you, and not Momma Merch, are entirely responsible for all Content that you

submit, upload, email, transmit, or otherwise make available through the Services or to Momma Merch and you

shall ensure the accuracy, completeness, and integrity of the Content; and (iii) you are solely responsible for giving

all required notices and obtaining all necessary consents, including all necessary rights and consents relating to

privacy and intellectual property rights, before submitting Content through or to the Services or Momma Merch.

You further hereby represent and warrant that (1) you have all rights and licenses necessary to make available,

submit, provide, and transfer all Content for Momma Merch to exercise its rights granted and fulfill its obligations

set forth herein, including as necessary for Momma Merch to process, use, make available, distribute, or otherwise

exploit any Content, and (2) your submission of any Content to Momma Merch will not violate these Terms, any

Momma Merch usage guidelines or other policies, or any laws applicable to such Content, including without

limitation intellectual property laws and any privacy laws or regulations governing any personal or sensitive

information contained in any Content.

(e) Accounts. To access and use the Services, you will need to create an account with Momma

Merch (an “Account”). Momma Merch may request further additional information from you, including personally

identifiable information, in order to authenticate your Account.

3. PRIVACY POLICY

In addition to these Terms, the Momma Merch Privacy Policy, available at https://www.momma-

merch.com/legal, (“Privacy Policy”) applies to how Momma Merch may process information provided as part of

the Services. You acknowledge and agree that by accessing or using the Services, Momma Merch may receive

certain information about you, including personal and sensitive data, as set forth in the Privacy Policy, and Momma

Merch may collect, use, disclose, store, share, transfer and process such personal data in accordance with such

4. PROPRIETARY RIGHTS

(a) License to Content You Upload. You hereby grant Momma Merch and its service providers and

end users a perpetual, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, freely transferable

license to use, exploit, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display,

distribute, make and have made all Content (in any form and any medium, whether now known or later

developed) that you provide in connection with the Services. You acknowledge and agree that the technical

processing and transmission of Content in association with the Services may require: (i) transmission over various

networks and across borders; and (ii) modifications to conform, connect, and adapt to technical requirements of

networks or devices.

(b) Rights Reserved. The Services provided to you hereunder or available to you through the

Services are licensed, not sold, and Momma Merch retains and reserves all rights not expressly granted in these

Terms. You acknowledge and agree that, as between you and Momma Merch, Momma Merch and its licensors

own all rights, title, and interest (including all intellectual property rights) in the Services and all data and other

materials within the Services. The Services are protected by U.S. and international copyright and other intellectual

property laws and treaties.

5. USER CONDUCT AND RESTRICTIONS

(a) Prohibited Conduct. In your use of the Services, you will not:

(i) use, reproduce, modify, adapt, create derivative works from, sublicense, publicly

perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant

rights to the Services or any Content, except as expressly permitted under these Terms;

(ii) reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive

trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with

the Services or any Content;

(iii) interfere with or disrupt the integrity or performance of the Services, including by

disrupting the ability of any other person to use or enjoy the Services;

(iv) provide use of the Services on a service bureau, rental, or managed services basis,

provide, or permit other individuals or entities to create Internet “links” to the Services or “frame” or “mirror” the

Services on any other server, or wireless or Internet-based device;

(v) access the Services for the purpose of developing, marketing, selling, or distributing any

product or service that competes with or includes features substantially similar to the Services;

(vi) violate any applicable local, state, provincial, federal, or international law or regulation,

or use the Services or any Content for any illegal, unauthorized, or otherwise improper purposes, including to store

or transmit malicious code, or to store or transmit material in violation of third-party privacy rights;

(vii) remove or obscure any proprietary notice that appears within the Services or any

Content;

(viii) impersonate any person or entity, including Momma Merch personnel, or falsely state

or otherwise misrepresent your affiliation with Momma Merch, or any other entity or person;

(ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any

content transmitted through the Services;

(x) take any action that imposes an unreasonable or disproportionately heavy load on the

Services or its infrastructure; or

(xi) use spiders, crawlers, robots, scrapers, automated tools, or any other similar means to

access the Services; or download, reproduce, or archive any substantial portion of the Services or any Content.

(b) Prohibited Content. You will not upload, submit, post, email, store, transmit, or otherwise make

available any Content that:

(i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,

pornographic, hateful, discriminatory, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;

(ii) contains nudity, politically or racially motivated material, explicitly violent or sexual

material, or depictions of violent, hateful, discriminatory or sexual acts;

(iii) may not be made available under any law or under contractual or fiduciary relationships

(such as confidential or proprietary information learned as part of an employment relationship or under a non-

disclosure agreement);

(iv) infringes, misappropriates, or otherwise violates any patent, trademark, trade secret,

(v) violates any person’s privacy, likeness, publicity, personality, or similar rights;

(vi) consists of unsolicited or unauthorized advertising, promotional materials, junk mail,

spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation;

(vii) contains software viruses or any other code, files or programs designed to interrupt,

destroy, or limit the functionality of any software or hardware;

(viii) contains infringing, libelous, or otherwise unlawful or tortious material;

(ix) consists of information that you know or have reason to know is false or inaccurate; or

(x) consistent of information that could relate to a minor, unless you have express authority

to disclose or make publicly available such information.

removing any Content and (ii) determining whether any Content violates these Terms, any guidelines set forth by

Momma Merch, or otherwise. Momma Merch’s failure to enforce any of these restrictions or guidelines shall not

act as a waiver for any future enforcement, will not be considered a breach of these Terms by Momma Merch, and

does not create a private right of action for any other party.

(d) Forum, Profiles, and Reviews. As a part of the Services, Momma Merch may host or oversee a

chat forum, message board, caregiver reviews, user profiles or other similar feature (each, a “Momma Merch

Forum”) for you to post or make available any information, comments, reviews, profiles, and Content. Momma

Merch reserves the right to collect, use, reproduce, display, or otherwise distribute any information, comments,

reviews, and Content you post to or make available through the Mamma Match Forum. If you leave a review or

comment anywhere in a Momma Merch Forum, this information may be publicly available; any engagement or

use of a Momma Merch Forum is at your own risk.

6. FEES.

You shall pay all agreed upon fees through the Services, including without limitation any agreed upon

subscription fees, as set forth in the subscription confirmation page or as otherwise mutually agreed to by you and

Momma Merch (“Fees”) in accordance with terms set forth herein and any additional terms set forth in the

Services. You hereby authorize Momma Merch to charge your credit card on file for all Fees that have become due

and payable. All payments will be made in United States dollars and are non-refundable unless otherwise agreed

to in writing between you and Momma Merch.

7. FEEDBACK

If you elect to provide or make available to Momma Merch any suggestions, comments, ideas,

improvements or other feedback relating to the Services as provided through the Services or otherwise

(“Feedback”), Momma Merch shall own and be free to use, reproduce, modify, adapt, create derivative works

from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant

rights in your Feedback in any form and any medium (whether now known or later developed), without credit or

compensation to you.

8. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES

The Services may include or provide access to third party products, services, content, or offerings,

including advertising for such (“Third Party Services”), which may include without limitation, a third party payment

processor. You acknowledge that different terms of use and privacy policies may apply to your use of such Third

Party Services and that such terms and policies are solely between you and the other third party. You agree that

Momma Merch does not endorse and is not responsible or liable for any issues related to Third Party Services.

9. INDEMNIFICATION

You shall indemnify and hold Momma Merch and its affiliates, and each of their officers, directors,

members, managers, employees, agents, partners and licensors (collectively, “Momma Merch Parties”) harmless

from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to extent

resulting from or arising out of any third-party claim, demand, or action due to (i) Content or other content,

including Content, you provide to Momma Merch; (ii) your violation of these Terms, any law or regulation, or any

rights (including intellectual property or privacy rights) of another party; or (iii) your use of the Services.

10. CONDUCT BETWEEN USERS; RELEASE.

(a) Transactions Are Between Users; Release. The Service may be used to help obtain or offer

services provided by Users and to facilitate payment for such services. However, users transact solely between

themselves, and Momma Merch is not a party to any transactions between users. Momma Merch hereby expressly

disclaims, and you hereby expressly release Momma Merch and its affiliates from, any and all liability whatsoever

for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to

disputes, dealings, or interactions between you and any other Users or third parties.

(b) Registration Restrictions. Neither you, nor anyone in your home or, as applicable, the location

where care services are provided or received: (i) has been the subject of a complaint, restraining order or any

other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the

safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind,

including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is

currently required to register as a sex offender in any jurisdiction or with any government entity. Neither you, nor

anyone in your home or, as applicable, the location where care services are provided or received, is currently out

on bail or on such person’s own recognizance pending trial, relating to any felony or misdemeanor charges of any

kind, including without limitation sexual, child abuse or domestic violence offenses.

identity, qualifications, personal information, skills, expertise, or any other data, information, or Content provided

or made available by any user. You should not share your information with anyone you do not trust. You

understand and agree that you are solely responsible for conducting any appropriate background checks and

obtaining references prior to engaging another user to perform services. You further understand and agree that

you are solely responsible for making your own evaluations, decisions and assessments about whether to engage

other users to perform services, accepting any engagements offered by other users or otherwise interacting with

other users. Momma Merch hereby expressly disclaims, and you hereby expressly release Momma Merch and its

affiliates from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages

arising from or in any way related to: (x) any inaccuracy, untimeliness or incompleteness of a user’s eligibility or

profile information; and/or (y) any misstatements or misrepresentations made by any users.

11. DISCLAIMER OF WARRANTIES

(a) General Disclaimer. YOUR ACCESS TO AND USE OF THE SERVICES AND ANY CONTENT FROM

MOMMA MERCH OR ANY THIRD PARTY IS AT YOUR SOLE RISK. THE SERVICES AND ANY CONTENT FROM MOMMA

MERCH OR ANY THIRD PARTY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOMMA MERCH PARTIES EXPRESSLY DISCLAIM ALL

WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING,

USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

(b) No Implied Representations and Warranties. MOMMA MERCH PARTIES MAKE NO WARRANTY

OR REPRESENTATION THAT: (i) THE SERVICES OR ANY CONTENT FROM MOMMA MERCH OR ANY THIRD PARTY

WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICES OR ANY CONTENT FROM MOMMA MERCH OR

ANY THIRD PARTY WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR (iii) THE CONTENT

THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT FROM MOMMA MERCH

OR ANY THIRD PARTY WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.

THROUGH THE SERVICES IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY

RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT FROM MOMMA MERCH OR ANY THIRD PARTY

BEFORE TAKING OR OMITTING ANY ACTION. YOU SHOULD NOT RELY ON THE SERVICES AND YOU SHOULD NOT

USE THE SERVICES FOR ADVICE OF ANY KIND.

(d) Disclaimer Limitation. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME

JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR

DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THESE

TERMS (UNLESS SUCH LAW PROVIDES OTHERWISE).

12. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, MOMMA MERCH PARTIES SHALL NOT BE LIABLE FOR

ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR FOR ANY INDIRECT, INCIDENTAL,

SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE

OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF MOMMA MERCH PARTIES HAD ACTUAL

OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH

DAMAGES WERE FORESEEABLE. EXCEPT AS SET FORTH IN SECTION 13(b) , IN NO EVENT SHALL THE MOMMA

MERCH PARTIES’ TOTAL LIABILITY TO YOU EXCEED ONE-THOUSAND DOLLARS ($1,000). THE FOREGOING

LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES

FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR

OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR

DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE

THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE

LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET

FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE

FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

13. BETA SERVICES

(a) Beta Services Disclaimer. AS FURTHER SET FORTH IN SECTION 10 , ALL MOMMA MERCH

SERVICES LABELED ALPHA, BETA, PRE-RELEASE, TRIAL, PREVIEW OR SIMILARLY (“Beta Services”) ARE PROVIDED

“AS IS”, “AS AVAILABLE”, WITH ALL FAULTS, AND CUSTOMER’S USE OF SUCH BETA SERVICES IS AT ITS SOLE RISK

AND MOMMA MERCH DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS OF ANY KIND. Momma Merch has

no obligations in connection with or in the course of providing the Beta Services. Any expectations and estimates

regarding Beta Services are based on factors currently known and actual events or results could differ materially.

Momma Merch does not assume any obligation to update any Beta Services. In addition, any information about

Momma Merch’s roadmap outlines Momma Merch’s general product direction and is subject to change at any

time without notice. It is for informational purposes only and shall not be incorporated into these Terms or any

contract or other commitment. Momma Merch undertakes no obligation either to develop the features or

functionality provided in the Beta Services, or to include any such feature or functionality in a future release of the

Services. You expressly acknowledge that the Beta Services have not been fully tested and may contain defects or

deficiencies which may not be corrected by Momma Merch. The Beta Services may undergo significant changes

prior to release of the corresponding generally available final version.

(b) Beta Services Liability Waiver. NOTWITHSTANDING SECTION 11(d) , WHERE LEGAL LIABILITY

CANNOT BE EXCLUDED BUT MAY BE LIMITED, MOMMA MERCH’S LIABILITY AND THAT OF ITS SUPPLIERS AND

AUTHORIZED PARTNERS SHALL BE LIMITED TO THE SUM OF ONE HUNDRED DOLLARS ($100) FOR ANY AND ALL

CLAIMS ARISING FROM OR RELATING TO THE BETA SERVICES.

14. SUSPENSION AND TERMINATION

(a) Termination for Convenience. Either party may terminate these Terms at any time. To terminate

this agreement, you may navigate to your Account and follow the instructions provided therein or reach out to

Momma Merch at info@momma-merch.com .

(b) Termination or Suspension for Cause. If you violate these Terms, Momma Merch may, with or

without notice to you, immediately suspend, or terminate your access and use of the Services.

discontinue the Services (or any portion thereof) with or without notice, and Momma Merch shall not be liable to

you or any third party for any such modification or discontinuance.

(d) Effect of Termination; Survival. Upon termination of these Terms for any reason: (i) Momma

Merch, in its sole discretion, may remove and discard your Content and other information; (ii) you will immediately

cease your use of the Services; and (iii) any provision that, by its terms, is intended to survive the expiration or

termination of these Terms shall survive such expiration or termination. Further, you agree that Momma Merch

shall not be liable to you or any third party for any termination of your Account or access to the Services.

15. GOVERNING LAW

These Terms shall be governed by and construed and enforced in accordance with the United States

Federal Arbitration Act, other applicable federal laws, and the laws of the State of Texas, without regard to conflict

of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of

Goods shall not apply to these Terms, regardless of the states in which the parties do business or are incorporated.

16. BINDING ARBITRATION AND CLASS ACTION WAIVER

(a) Binding Arbitration. ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS SHALL BE

RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS

IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THESE TERMS AS A COURT OF LIMITED JURISDICTION

THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $10,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S

JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS

LIMITED.

(b) Arbitration Procedure. The arbitration shall be conducted by the American Arbitration

Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer

Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and

arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a

single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you

agree that such hearing shall be conducted in Travis County, Texas, or if the Consumer Arbitration Rules apply,

another location reasonably convenient to both parties with due consideration of their ability to travel and other

pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding.

Judgment on the arbitral award may be entered in any court of competent jurisdiction.

INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR

PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN

ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT

ONLY IN A COURT OF COMPETENT JURISDICTION IN TRAVIS COUNTY, TEXAS. YOU HEREBY SUBMIT TO THE

PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF

VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

(d) Injunctive Relief. Notwithstanding anything to the contrary, either party may seek injunctive

relief and any other equitable remedies from any court of competent jurisdiction, whether in aid of, pending, or

independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 16 .

(e) Effect of Changes. If Momma Merch implements any material change to this Section 16 , such

change shall not apply to any claim for which you provided written notice to Momma Merch before the

implementation of the change.

17. LEGAL COMPLIANCE

You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws,

rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where

any goods or services are delivered or used and you are not: (i) located in a country that is subject to a U.S.

Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on

any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.

18. U.S. GOVERNMENT ENTITIES

This section applies to access to or use of the Services by a branch or agency of the United States

Government. The Services includes “commercial computer software” and “commercial computer software

documentation” as such terms are used in 48 C.F.R. § 12.212 and qualifies as “commercial items” as defined in 48

C.F.R. § 2.101. Such items are provided to the United States Government: (i) for acquisition by or on behalf of

civilian agencies, consistent with the policy set forth in 48 C.F.R. § 12.212; or (ii) for acquisition by or on behalf of

units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. §§ 227.7202-1 and 227.7202-

3. The United States Government shall acquire only those rights set forth in these Terms with respect to the such

items, and any access to or use of the Services by the United States Government constitutes: (a) agreement by the

United States Government that such items are “commercial computer software” and “commercial computer

software documentation” as defined in this section; and (b) acceptance of the rights and obligations herein.

19. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been made available through the Services in a way that constitutes

information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an

exclusive right that is allegedly infringed; (ii) a description of the work claimed to have been infringed, or, if

multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) a

description of the material that you claim is infringing and where that material may be accessed within the

Services; (iv) your address, telephone number and email address; (v) a statement by you 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 (vi) a statement from you that the information in the notification is accurate and, under

penalty of perjury, that you are 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,

please contact Momma Merch’s Agent for Notice of Copyright Claims. Momma Merch’s Agent for Notice of

Agent for Notice of Copyright Claims

1101 W 34th ST, #101

Austin, TX 78705

Phone Number: 512-920-2793

Email: copyright@momma-merch.com

20. CALIFORNIA USERS & RESIDENTS

In accordance with California Civil Code § 1789.3, you may report complaints to the Complaint Assistance

Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit

in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

21. GENERAL PROVISIONS

These Terms constitutes the entire agreement between you and Momma Merch concerning your access

to and use of the Services. It supersedes all prior and contemporaneous oral or written negotiations and

agreements between you and Momma Merch with respect to such subject matter. In the event of any conflict

between or among these Terms and any other agreement, privacy policy, or usage guidelines to which these Terms

refers, the terms and conditions of these Terms shall take precedence and govern. These Terms may not be

amended by you except in a writing executed by you and an authorized representative of Momma Merch. You

hereby consent and authorize Momma Merch to contact and communicate with you through electronic means,

including through email. Except as otherwise expressly provided in these Terms, there shall be no third-party

beneficiaries to these Terms. For the purposes of these Terms, the words “such as,” “include,” “includes” and

“including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any

right or obligation under these Terms without the prior written consent of Momma Merch. The failure of Momma

Merch to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or

provision. If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such

provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its

invalidity or unenforceability, without in any way affecting the remaining parts of these Terms. Any prevention of

or delay in performance by Momma Merch hereunder due to labor disputes, acts of god, failure of the Internet,

governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its

reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such

prevention or delay.

Last Revised: 08.08.24

Your privacy is important to us. This Momma Merch Privacy Policy (“Privacy Policy”) describes

how Momma Merch, LLC (“Momma Merch”, “we”, “us”, or “our”) may collect, use, store,

disclose, process, and transfer your personal information, through your access to or use of

Momma Merch products and services, including those at www.momma-merch.com

subdomains, any website of ours that links to this Privacy Policy, related websites, mobile

software applications, and other offerings (collectively, the “Services”). By using the Services,

you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy,

please do not use the Services. Momma Merch may change this Privacy Policy from time to

time by posting changes at https://www.momma-merch.com/legal and may send notification

emails regarding such changes. Your continued use of the Services following the posting of

such changes will be deemed your acceptance of those changes.

Momma Merch encourages you to read this Privacy Policy in its entirety, but here are a few key

points of our privacy practices:

This Privacy Policy applies when you access the Services or share information with Momma

Merch. Momma Merch may revise this Privacy Policy at any time. More

Information We Collect from You

We collect all information that you provide including information you provide via the Services,

your devices (e.g., computers, smartphones, and tablets), telephone and email, as well as

information we receive from partners and using cookies and other such technologies. More

How We Use Your Information

We process your personal information only with your consent or as needed to provide you the

Services. We may also use your personal information to comply with legal obligations, operate

our business, protect the vital interests of you, our customers, or the public, or for other

legitimate interests of Momma Merch. More

How We Share Your Information

We share your information with our partners, service providers, contractors, agents, and third-

party vendors as they need it to help us provide the Services or your subscription to the

Services, or for other requests you make of Momma Merch. Your personal information may

also be shared with the public if you make your personal information available in a review or

public profile. We may also share your information to comply with law or for other legitimate

interests. More

How We Store and Secure Your Information

Momma Merch may store your information in any country where Momma Merch or its affiliates,

partners, or providers operate facilities, and we will retain your information as long as necessary

for the purposes outlined in this Privacy Policy or for so long as permitted by law, whichever is

shorter. Momma Merch takes technological and organizational measures designed to protect

your personal information against loss, theft, and unauthorized access, use, disclosure, or

modification. More

Accessing and Updating Your Information

You can access, get copies of, delete, change, or correct your personal information, or request

changes to our use of your personal information by using the contact information below. You

may have additional rights based on where you reside. More

Additional Privacy Information

Momma Merch’s databases are located in the United States, and you consent to the transfer of

your personal information from your location to the United States. The Services are not for use

by children under the age of 18 years old or the lowest age permitted by applicable law. You

may have additional rights under applicable law. If you have any questions about this privacy

policy, please contact us via the information below. More

This Privacy Policy applies when you use or access the Services or share information with

Momma Merch. By accessing or using the Services, you consent to this Privacy Policy. Momma

Merch may update this Privacy Policy at any time. If you do not consent to this Privacy Policy for

any reason, please do not access or use the Services or share your information with us. Please

note that this Privacy Policy applies only to the Services and not to any other third-party website

linked to or from it, or any third-party website in which Momma Merch’s content or functionality

is embedded. We do not control the privacy policies or practices of others.

Information We Collect from You

In general, we receive and collect all information you provide via the Services, including through

website input fields (including advertisements), phone, email (including email campaigns), web

chat, or other such ways. This includes personal information that can identify or relates to you,

including, but not limited to:

Category of

Personal

Information

Examples of Personal

Information We

Collect

Categories of Sources from

which such Personal

Information is Collected

Categories of Third

Parties or Services

Providers with whom we

share such Personal

Information

Profile or Contact

Data

Examples may include:

 First and last name

 Email address

 Unique identifiers,

such as usernames

and passwords

 You We do not share this

information.

Demographic Data Examples may include:

 Age

 Birthday

 Zip code

 Disability

 Any information you

may make available

in public reviews or

posts (including

information that may

be inferred from your

posts)

 You We do not share this

information.

Personal Identifiers Examples may include:

 Social identifiers

(e.g., persons with

children, caregivers

for specific

populations,

personality traits)

 Number of children

 Type of caregiver

 Caregiver

preferences

 You We do not share this

information.

Commercial Data Examples may include:

 Consumer profiles

 Records of products

or services sold,

used, or purchased

 You

 Service providers

 Data analytics providers

 Service providers

Device/IP Data Examples may include:

 Information collected

automatically through

cookies and similar

technology, device

 You

 Service providers

 Data analytics providers

 Service providers

type, domain names,

and access time/logs

Geolocation Data Examples may include:

 General physical

location

 Cookie ID

 You

 Service providers

 Data analytics providers

 Service providers

Web Analytics Examples may include:

 Web page

interactions

 Referring

webpage/source

through which you

accessed the

Services

 Browsing activity,

including the

addresses of

websites that you

visit

 Statistics associated

with the interaction

between device or

browser and the

Services

 You

 Service providers

 Data analytics providers

 Service providers

Professional or

Employment-Related

Data

Examples may include:

 Resume

 Education history

(including which

school you attended

and your degree)

 Caregiving

experience and

certifications

 You We do not share this

information.

Financial and

Payment Data

Examples may include:

 Billing address

 You

 Service providers

Social Network Data Examples may include:

 Data, information, or

materials accessible

through your social

media that you link to

the Services

(including Instagram,

Facebook, and

LinkedIn)

 Email, phone

number, and social

media ID associated

with your social

media accounts

 You

 Other independent third-party

sources

We do not share this

information.

Sensory Data Examples may include:

 Photos

 You

 Other independent third-party

sources

We do not share this

information.

Inferences Drawn Examples may include:  You  Data analytics providers

from Other Personal

Data Collected

 Profiles reflecting

user attributes

 Profiles reflecting

user behavior

 Service providers  Service providers

Other Identifying

Information that You

Voluntarily Decide to

Provide

Examples may include:

 Identifying

information in emails,

texts, letters, or other

communications you

send us

 Identifying

information you post

to blogs,

competitions, live

chats, forums, or

message boards

 You

 Service providers

 Other independent third-party

sources

We do not share this

information.

You have the choice on what information to share and the Services you want to engage. You

can choose not to provide information to us, but in general, some information about you is

required in order for you to access certain functionalities of the Services.

We also may periodically obtain information about you from affiliated entities, partners and other

independent third-party sources and will add it to our database of information. For one example,

you may provide personal information to us in connection with a third-party social media

platform, such as Instagram, Facebook, or LinkedIn (each, a “Third-Party Platform”). If you link

your profile to a Third-Party Platform, we may use your personal information available on those

platforms to fill out your profile.

We may use cookies, device identifiers, and similar tracking technologies, including those from

third-party service providers like Google Analytics and other cloud-based tools, to automatically

collect your preferences, performance data, and information about your web usage when you

visit the Services. For example, we may collect your IP address, device and Internet service

provider information, Web browser details and the address of any referring website. We may

also collect information about your online activity, such as pages viewed and interactions with

other users. By collecting and using this information, we may operate and personalize the

Services for you, including to provide more relevant ads and search results. For more

information on how we use cookies, please see the “Cookies” section below.

The Services are not designed to recognize or respond to “do not track” signals received from

browsers. You can control the information collected by such tracking technologies or be alerted

when cookies are sent by adjusting the settings on your Internet browser or devices, but such

adjustments may affect or disable certain functionality of the Services. You can learn more

about Google Analytics and your options for opting out of interest-based Google ads at

https://adssettings.google.com. You can learn more about targeted ads and your ability to opt

out of receiving interest-based ads at optout.aboutads.info and

www.networkadvertising.org/choices.

Sensitive Information. Momma Merch does not collect any sensitive personal information

through our Services. Sensitive personal information, as defined by applicable data protection

laws, includes information relating to your race, ethnicity, religious beliefs, moral beliefs,

philosophical beliefs, sex life, sexual orientation, gender identity, political opinions, trade union

membership, medical information (including mental health), genetic data, biometric data, or

financial information (such as account numbers). We also do not collect any information about

criminal convictions or offenses.

Cookies, also known as tracking cookies or browser cookies, and similar technologies such as

web beacons, clear GIFs, pixel tags, and JavaScript (collectively, “Cookies”) are small pieces of

data, usually text files, placed on a computer, tablet, phone, or similar device when you use that

device to access the Services. We use the following types of Cookies:

 Essential Cookies. Essential Cookies are necessary for providing you with services and

features that you requested. For example, these Cookies allow you to log into and stay

logged into secure areas of the Services, save language preferences, and more. These

Cookies are required to make the Services available to you, so they cannot be disabled.

 Functional Cookies. Functional Cookies are utilized to record your choices and

settings, maintain your preferences over time, and recognize you when you return to our

Services. These Cookies help us personalize our content for you, greet you by name,

and remember your preferences. Some examples include your ability to comment on a

blog, facilitate web chat services, update user preferences, and more.

 Performance/Analytical Cookies. Performance/Analytical Cookies allow us to

understand how visitors (like you) use our Services. These Cookies accomplish this by

collecting information about the number of visitors to the Services, what pages visitors

view the most, and how long visitors view specific pages. These Cookies also help us

measure and manage the performance of our advertising campaigns in order to help us

improve the campaigns and the Services’ content. For example, Google LLC (“Google”)

uses cookies in connection with its Google Analytics services. Google’s ability to use

and share information collected by Google Analytics about your visits to the Services is

subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have

the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-

out page at http://www.google.com/privacy_ads.html or the Google Analytics Opt-out

Browser Add-on at https://tools.google.com/dlpage/gaoptout/.

You have the option to decide through your internet browser’s settings whether or not to accept

Cookies. Most browsers allow users to choose whether to turn off the Cookie feature, which will

prevent your browser from accepting new Cookies, as well as (depending on the browser) allow

you to toggle whether to accept each new Cookie. You can also clear all Cookies that are

already on your device. If you do this, however, you may have to manually adjust some

preferences every time you visit the Services and some functionalities may not work.

To explore what Cookie settings are available to you, look in the “settings”, “preferences” or

“options” section of your browser’s menu. To find out more information about Cookies, including

information about how to manage and delete Cookies generally, please

visit http://www.allaboutcookies.org/.

How We Use Your Information

We process your personal information with your consent or as needed to provide you the

Services. We may also use your personal information to comply with legal obligations, operate

our business, protect the vital interests of you, our customers, or the public, or for other

legitimate interests of Momma Merch as described in this Privacy Policy.

More specifically, we may use your personal information to:

 Optimize and improve the Services. We continually try to improve the Services based

on the information and feedback we receive from you and our other users, including by

optimizing the content on or functionalities of the Services.

 Personalize the user experience. We may use your information to measure

engagement with the Services and to understand how you and our other users interact

with and use the Services and other resources we provide.

 Improve customer service. Your information helps us to more effectively develop the

Services and respond to your support needs.

 To send periodic communications. The communication methods you provide through

our contact forms will be used to send information and updates pertaining to the

Services. It may also be used to respond to your inquiries or other requests. If you opt

into our mailing list, you may receive emails that include Momma Merch news, updates,

product offerings and service information, and marketing material. If at any time you

would like to unsubscribe from receiving future emails, we include detailed unsubscribe

instructions at the bottom of each email or you may contact us via the contact

information below.

 To send periodic SMS messages. We may occasionally send you SMS messages

through the number you provided to us. The messages will be sent based on Momma

Merch’s legitimate business needs and for non-promotional reasons. If at any time you

would like to unsubscribe from receiving future SMS messages, we include detailed

unsubscribe instructions for how to do so or you may contact us via the contact

information below.

 Carry out other legitimate business interests. We may use the information you

provide to carry out other legitimate business purposes, as well as other lawful

purposes.

We may use any aggregated information (as described below) for any purpose.

How We Share Your Information

We share your information with our partners, service providers, contractors, agents, and third-

party vendors as needed to fulfill Services. Please note that our partners may contact you as

necessary to obtain additional information about you, facilitate any use of the Services, or

respond to a request you submit.

Third-party vendors who provide products, services or functions on our behalf may include

business analytics companies, customer service vendors, communications service vendors,

marketing vendors, and security vendors. We may also authorize third-party vendors to collect

information on our behalf, including as necessary to operate features of the Services. Third-

party vendors have access to and may collect personal information only as needed to perform

their functions, may only use personal information consistent with this Privacy Policy and other

appropriate confidentiality and security measures, and are not permitted to share or use the

information for any other purpose.

We also may share your information:

 In response to subpoenas, court orders, or other legal process; to establish or exercise

our legal rights; to defend against legal claims; or as otherwise required by law. In such

cases we reserve the right to raise or waive any legal objection or right available to us.

 When we believe it is appropriate to investigate, prevent, or take action regarding illegal

or suspected illegal activities; to protect and defend the rights, interests, or safety of our

company or the Services, our customers, or others; or in connection with our Terms of

Service and other agreements.

 In connection with a corporate transaction, such as a divestiture, merger, consolidation,

or asset sale, or in the unlikely event of bankruptcy.

Other than as set out above, we will attempt to notify you when your personal information will be

shared with third parties.

Personal Information You Post in Public Areas. When you post a message in a Momma Merch

forum, chat room, message board, review, or customer feedback, the information you post may

be accessible to other users of the Services and the public. If you post personal information

anywhere on the Services that is accessible to other users or the public, you are advised that

such personal information can be read, collected, used, or disseminated by others and could be

used to send you unsolicited information or for other purposes. Momma Merch is not

responsible in any way for personal information you choose to post in these public areas.

Aggregated Information. We may publish, share, distribute, or disclose personal information

that has been aggregated with information from other users or otherwise de-identified data in a

manner that does not allow third parties, including Momma Merch partners, sponsors, and

advisers, to de-aggregate the data and identify it as originating from you. Such information may

help Momma Merch identify and analyze training, demographic, and psychographic trends and

information, and report to third parties how many people saw, visited, or clicked on certain

content, areas of the Services, ads, or other materials. We may also use such data for research

purposes and optimizing the Services’ functionality.

How We Store and Secure Your Information

Personal information collected by Momma Merch may be stored and processed in your region,

in the United States, and in any other country where Momma Merch or its affiliates, subsidiaries,

or service providers operate facilities. These countries may have data protection laws that are

different to the laws of your country (and, in some cases, may not be as protective). However,

we have taken appropriate safeguards to require that your personal information will remain

protected in accordance with this Privacy Policy.

Momma Merch currently uses a third-party payment processor for payment, analytics, and other

business services (the “Payment Processor”). The Payment Processor collects identifying

information about the devices that connect to each of their services, and the Payment Processor

uses this information to operate and improve the services they provide to Momma Merch,

including for fraud detection. As with all third-party providers, Momma Merch is not a party to

any agreement between you and the Payment Processor and does not control the Payment

Processor’s privacy and data security policies. Momma Merch reserves the right to change

payment processors at any time.

Momma Merch complies with applicable data protection laws, including applicable security

breach notification requirements.

Data Retention

Momma Merch will retain your information as long as necessary for the purposes outlined in this

commercially reasonable time thereafter for backup, archival, fraud prevention or detection or

audit purposes. Momma Merch will retain your personal information consistent with the original

purpose of collection or as long as necessary to comply with our legal obligations; maintain

accurate accounting, financial and other operational records; resolve disputes; and enforce our

agreements. We will never retain your information for a period longer than permitted by law.

We determine the appropriate retention period for personal information on the basis of the

amount, nature, and sensitivity of the personal information being processed; the potential risk of

harm from unauthorized use or disclosure of the personal information; whether we can achieve

the purposes of the processing through other means; and on the basis of applicable legal

requirements.

After expiration of the applicable retention periods, your personal information will be deleted.

Accessing and Updating Your Information

To the extent provided by the law of your jurisdiction, you may:

i. Have the right to access certain personal information we maintain about you and request

details about how we process it;

ii. Request certain information regarding our disclosure of personal information to third

parties for their direct marketing purposes;

iii. Request that we update or correct inaccuracies regarding your personal information;

iv. Object to our use of your personal information;

v. Ask us to block or delete your personal information from our database;

vi. Request to download the information you have shared on the Services; and

vii. Confirm whether Momma Merch stores your data in the United States.

You may make these requests and any other inquiries about this Privacy Policy by emailing

info@momma-merch.com. Any such requests are subject to the protection of other individuals’

rights and applicable law. Additionally, to help protect your privacy and maintain security, we

may take steps to verify your identity before granting you access to the information.

Additional Privacy Information

Data Transfer. Our databases are currently located in the United States. Momma Merch makes

no claim that its Services are appropriate or lawful for use or access outside the United States.

If you access the Services from outside the United States, you are consenting to the transfer of

your personal information from your location to the United States. You are solely responsible for

complying with all local laws, rules and regulations regarding online conduct and access to the

Services. By sending us your information, you further consent to its storage within the United

States.

Collection of Data from Children. The Services are not directed to children, and you may not use

the Services or provide any personal information to Momma Merch if you are under the age of

18 (or the lowest age permitted by applicable law) or if you are not old enough to consent to the

processing of your personal information in your country. Unless you have legal authority to

do so, do not submit, post or make available any personal information relating to minors

on the Services.

California Resident Privacy Rights. California Civil Code Section 1798.83 permits our customers

who are California residents to request certain information regarding our disclosure of personal

information to third parties for their direct marketing purposes. To make such a request, please

e-mail us or write to us at the addresses above.