Services

AGREEMENT

This is an agreement between Udderly, LLC (“Udderly”) and you (“you”, “your”, “me” and “my”). Prior to electronically or manually signing this Agreement, read it closely.

Udderly Service: Subject to the terms and conditions of (i) this Agreement, (ii) the Udderly Terms of Service, and (iii) the Udderly Privacy Policy, Udderly will grant you the right to access and use the Udderly Website and the Udderly Mobile Application (individually and collectively, the “Udderly Service”) to obtain contact information for individuals who have registered with Udderly to make available human breast milk.

Fees: Fees for your access and use of the Udderly Service are:

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Emergencies: If there is an emergency, call 911 or go to the nearest emergency room.

Your Personal Information: Your personal information is and will remain your property. You grant Udderly the right to use your personal information including, but not limited to, your name, contact information, and likeness that you provide for Udderly’s business including, but not limited to, in the Udderly Service, and in Udderly’s advertising.

Assumption of Risk: You understand that there are potential dangers and risks to you and your child incidental to your access and use of the Udderly Service which may expose you and/or your child to risks of death, injury, and property damage including, but not limited to:

a.​your contacts, communications, dealings, and relationships with other users of the Udderly Service;

b.​your obtaining, receiving, or use of, human breast milk from any person including, but not limited to, a user of the Udderly Service;

c.​your storage and use of human breast milk;

d.​the risk that any human breast milk that you obtain or receive from any person, or use, may not have been safely or properly expressed, stored, or tested; and

e.​the risk that any human breast milk that you receive from any person, or use, may be spoiled or contaminated with a foreign substance including, but not limited to, alcohol, drugs, or controlled substances.

I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, IN CONNECTION WITH MY USE OF THE UDDERLY SERVICE INCLUDING, BUT NOT LIMITED TO, THE RISKS IDENTIFIED ABOVE.

Disclaimers:

Udderly does not make, and expressly disclaims, any representations, warranties, guaranties, or promises, oral and written, expressed and implied, relating to any result, outcome, achievement, or yield to be derived or obtained from (i) the Udderly Service, (ii) your dealings and relationships with any other person arising out of your use of the Udderly Service including, but not limited to, other persons using the Udderly Service, and (iii) the security or safety of any human breast milk you obtain or receive from any person, or use.

UDDERLY DISCLAIMS WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND INFRINGEMENT, WITH RESPECT TO OR IN CONNECTION WITH (I) THE UDDERLY SERVICE, AND ANY EXTERNAL WEBSITES, AND ANY INFORMATION CONTAINED THEREIN, (II) ANY RESULT, OUTCOME, ACHIEVEMENT OR YIELD TO BE DERIVED OR OBTAINED FROM THE UDDERLY SERVICE, (III) THE RELATIONSHIP BETWEEN YOU AND ANY OTHER PERSON ARISING OUT OF YOUR USE OF THE UDDERLY SERVICE, AND (IV) THE SECURITY OR SAFETY OF ANY HUMAN BREAST MILK YOU OBTAIN OR RECEIVE FROM ANY PERSON, OR USE. UDDERLY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) ACCESS TO, USE OF, CONNECTION WITH, INTERRUPTION FROM, LOSS OF AVAILABILITY TO, OR RELIANCE UPON THE UDDERLY SERVICE, AND ANY EXTERNAL WEBSITES, AND ANY INFORMATION CONTAINED THEREIN, (II) ANY RESULT, OUTCOME, ACHIEVEMENT OR YIELD TO BE DERIVED OR OBTAINED FROM THE UDDERLY SERVICE, (III) THE RELATIONSHIP BETWEEN YOU AND ANY OTHER PERSON ARISING OUT OF YOUR USE OF THE UDDERLY SERVICE, AND (IV) THE SECURITY OR SAFETY OF ANY HUMAN BREAST MILK YOU OBTAIN OR RECEIVE FROM ANY PERSON, OR USE.

Release and Indemnification: I release all claims against, and also agree to indemnify, Udderly and its members, manager, directors, officers, employees, agents, representatives, heirs, successors, and assigns (“Udderly Releasees”), from and for all claims, rights, demands, suits, actions, causes of action, judgments, losses, costs, damages, liabilities and expenses, including, but not limited to, reasonable attorneys’ fees, known or unknown, incurred by or asserted against, any of the Udderly Releasees in connection with, arising out of, or related to:

a.​a violation of this Agreement by me;

b.​use by me of the Udderly Service, the Carrier Lines, and any external website including, but not limited to, my connection to, and any delay, failure, interruption, interception, or loss of, the Udderly Service, the Carrier Lines, and my personal information contained in the Udderly Service; and

c.​the death or injury to any person, and the loss or damage to any property, in connection with, arising out of, or related to: 

i.​my contacts, communications, dealings, and relationships with other persons related to my obtaining or receiving human breast milk including, but not limited to, other users of the Udderly Service;

ii.​my obtaining, receiving, and using human breast milk from any person including, but not limited to, a user of the Udderly Service;

iii.​my storage and use of human breast milk;

iv.​any human breast milk that I obtain or receive from any person, or use, was not safely or properly expressed, stored, or tested; and

v.​any human breast milk that I obtain or receive from any person, or use, is or was spoiled or contaminated with a foreign substance including, but not limited to, alcohol, drugs, or controlled substances.

Carrier Lines: In connection with access to and provision of services by Udderly, you acknowledge that such services will be provided over various facilities and communications lines, and that information may be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (“Carrier Lines”) owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond Udderly’s control. Udderly and its staff members assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the Carrier Lines, or for any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the Carrier Lines. Use of the Carrier Lines is solely at your own risk and is subject to all applicable local, state, federal, and international laws.

Udderly Service: Udderly utilizes a website and a mobile application to provide its services. You must agree to the Udderly Terms of Service and the Udderly Privacy Policy. You are solely responsible for the security of your username and password. Do not share your username or password with anyone or allow any other person to access your Udderly Service.

Udderly and its staff members assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the Udderly Service, or for any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the Udderly Service. Use of the Udderly Service is solely at your own risk and is subject to all applicable local, state, federal, and international laws.

Third-Party Links and External Websites: Third-Party links to external websites at the Udderly Service are not controlled or sponsored by Udderly. You acknowledge and agree that Udderly is not responsible for the contents or availability of such third-party links or external websites. Use of such third-party links and external websites and the contents thereof is solely at your own risk.

Copyright and Trademark: The unauthorized use of Udderly’s name, logos, and materials are prohibited without the advance written consent of Udderly.

Termination: This Agreement may be terminated at any time by Udderly or you.

Independent Parties: Udderly and you are independent parties. Nothing in this Agreement will be construed to create a partnership, joint venture, employment, independent contractor, or agent relationship between Udderly and you.

Miscellaneous: This Agreement will be governed by Ohio law. You irrevocably consent to the exclusive jurisdiction and venue of the Franklin County Ohio Court of Common Pleas in connection with any disputes arising out of this Agreement. No waiver is effective unless in writing. If any provision of this Agreement is held to be illegal, invalid, or unenforceable (i) such provision shall be fully severable, and (ii) the remaining provisions of this Agreement shall remain in full force and not affected by the illegal, invalid or unenforceable provision. You may not assign this Agreement in whole or part. This is our entire Agreement regarding the subject matter hereof.

My manual or electronic signature on this Agreement is my acknowledgement that I have read, understand, and voluntarily agree to the terms and conditions of this Agreement