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Mommy's Heart

Terms and Conditions

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Read and accept the terms

Please read through the entire agreement before proceeding. You must accept it and sign below before you can tell us how we can help.

Thank you for engaging Mommy's Heart, Inc. (the "Foundation") to assist you with issues relating to your divorce proceedings and associated parental custody matters. We look forward to working with you in furthering the Foundation's mission of protecting and defending the fundamental rights of fit parents to direct the care and custody of their children.

These Terms and Conditions (the "Agreement") are entered into between Mommy's Heart, Inc., with the mailing address of 930 Fifth Avenue, Suite 4H, New York, NY 10021, and you ("Recipient of Services", "Recipient", or "you"; together with the Foundation, the "Parties"), and take effect on the date you accept them below.

In working with Mommy's Heart, you understand and agree as follows:

1. The Foundation connects you with Volunteers

The Foundation is a nonprofit organization that seeks to assist parents seeking to direct the care and custody of their children by connecting them with professionals (collectively, the "Volunteers") who can provide assistance. While the Volunteers are associated with the Foundation, you will have a direct relationship with the Volunteers, and the Foundation is not responsible for any advice the Volunteers provide or work they perform on your behalf. Any questions regarding those services should be directed to the Volunteers.

2. No guaranteed outcomes

I acknowledge I am entering into this agreement and have elected to support the Foundation's mission on a voluntary basis. The Foundation cannot guarantee any legal, health related, or other outcomes and itself is not a law firm or other organization that provides legal, mental wellbeing, or other advice directly to Recipients of Services.

3. Release and indemnification

The Foundation (including its employees, management, board members, and other volunteers) is not responsible for the actions of its Volunteers providing legal, mental wellbeing, or other services or any damages that may arise therefrom, and you hereby release and indemnify the Foundation from any third party claims arising from the services the Foundation or its Volunteers provide. To the fullest extent permitted by law you assume all risk of injury or harm resulting from the services the Foundation provides and agree to release, indemnify, and forever discharge the Foundation from any and all potential liability as a consequence of those services; provided that you shall not be required to indemnify the Foundation for any harm, loss, or claim to the extent such harm, loss, or claim is due to the gross negligence or willful misconduct of the Foundation or its employees.

4. Confidentiality and the information you share

The Foundation agrees to maintain the information you provide in the course of seeking its services in strict confidence. Should a third party seek such information in the course of court proceedings or for other reasons, the Foundation will give you notice of such requests where permitted by law. The Foundation will not sell your information to third parties.

You agree that, unless requested by and/or consented to by the Foundation, you will not provide the Foundation with unsolicited personally identifiable or protected health information beyond what is required for the Foundation to perform its services. You further agree not to provide the Foundation any information subject to the attorney-client privilege, physician-patient privilege, or therapist-patient privilege.

5. Non-disparagement

Recipient of Services will not disparage the Foundation or its officers, directors, employees, grantors, donors, clients, affiliates or agents, in any manner likely to be harmful to them or their business, business reputation or personal reputation; provided, however, you shall respond accurately and fully to any question, inquiry or request for information when required by legal process.

6. Arbitration and governing law

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Parties agree that this Agreement shall be governed by New York State law, with venue for any dispute to be mandatory in the borough of Manhattan in New York County, New York.

More information

For more information regarding the Foundation’s Terms of Service and Privacy Policy, please visit www.mommysheartinc.org

— End of Terms and Conditions —

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Recipient of Services acknowledges, affirms, and certifies that they have read and reviewed, and now and hereby agree to all above-stated six paragraphs. By affixing their signature, together with the Foundation President, Recipient of Services certifies that they understand the terms and conditions set forth above are a binding contract with the Foundation.

ELECTRONIC CONSENT AND SIGNATURE

By checking the acknowledgment box below and typing my full legal name in the electronic-signature field, I represent and certify that I am the Recipient of Services identified in this Agreement or, if signing for a minor, that I am the minor’s parent or legal guardian and have full legal authority to enter into this Agreement on the minor’s behalf; that the information I have provided is true, accurate, and complete; that I have received, carefully read, understand, and voluntarily accept this entire Agreement, including all provisions and documents incorporated by reference; that I have had sufficient time and opportunity to ask questions and seek independent legal advice before signing; that I am signing knowingly and voluntarily, without coercion or undue influence; that I consent to conducting this transaction and receiving, signing, and retaining this Agreement electronically; and that I specifically intend to adopt the full legal name typed below as my electronic signature. I understand and agree that my typed electronic signature identifies me, authenticates this Agreement, evidences my intent to be legally bound by all of its terms, and has the same legal validity, force, and effect as my handwritten signature. I further consent to Mommy’s Heart, Inc. retaining the electronically signed Agreement and related authentication records, including the date and time of submission, form version, account or email information, and other reasonable audit-trail information, and I agree that accurate electronic copies and records may be used as evidence of my acceptance to the same extent as an original paper document. I confirm that I have the ability to access, download, print, and retain a complete copy of this Agreement and understand that I may request a paper copy by contacting Mommy’s Heart, Inc. at info@mommysheartinc.org.

If the Recipient of Services is under the age of 18, a parent or legal guardian must accept these terms on their behalf.

Recipient’s information and signature

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Electronic Execution and Counterparts

This Agreement may be executed electronically and in counterparts. Each electronically signed counterpart will be deemed an original, and all counterparts together will constitute one agreement. The Parties agree that electronic signatures and electronic records used in connection with this Agreement will have the same validity, force, and effect as handwritten signatures and original paper records to the fullest extent permitted by applicable law.

Recipient’s contact information

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EMERGENCY CONTACT INFORMATION

SERVICES REQUESTED (check all that apply)

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