The Mom Project

Terms of Service

Effective November 7, 2022

CONTRACT

Binding Agreement

By clicking "Join Now", "Join The Mom Project", "Sign Up" or similar, registering, accessing or using our Services (described below), you affirm that you have read the entirety of these terms ("Terms of Service" or "Terms") along with the The Mom Project's Privacy Policy (which includes our Cookie Policy), that you understand these Terms and agree to be bound by them, including the Privacy Policy, and that you are agreeing to enter into a legally binding contract with The Mom Project, Inc. ("The Mom Project") as of the day you first joined or registered on The Mom Project's Site or otherwise began to use The Mom Project's Services ("Effective Date").

These Terms of Service apply to all of The Mom Project's websites including: themomproject.com and its subdomains, work.themomproject.com, community.themomproject.com, blog.themomproject.com, help.themomproject.com, mentor.themomproject.com, themomproject.org, werklabs.com, selfmade.themomproject.com) or other online properties, mobile applications, social media sites, live events that reference or link to these Terms of Service.

If you are accessing the Site and/or using any Services on behalf of an employer, or an Affiliate of such entity or any other entity, you represent and warrant that you have the legal authority to bind such entity, its Affiliates and any representatives it allows to access and use the Services to these Terms of Service.

If you do not agree to these Terms of Service, do not click "Join Now" (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Terms of Service Construction

All Users

There are three (3) general groups that will access and utilize The Mom Project's Site: The Mom Project, Company, and Talent. As these are our Terms of Service, The Mom Project inures rights or responsibilities in each and every section of the Terms. However, not every party needs to be bound by each section. For such sections The Mom Project will denote which party is to be bound by that section in italics below the section heading.

The headings, and above table of contents of these Terms of Service are solely for convenience and shall not be deemed to limit or affect any of the provisions herein.

Change to Our Terms of Service

All Users

The Mom Project may revise our Terms of Service, our Privacy Policy, our Cookie Policy or any other incorporated portions of this contract from time to time, in which case the new Terms will supersede prior versions. If The Mom Project makes any material changes to its Terms, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes. We agree that changes cannot be retroactive. Your continued use of our Services after the effective date constitutes your acceptance of the revised Terms of Service.

ACCESSING THE SITE & ACCOUNT SECURITY

All Users

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We may use third parties to perform services in connection with our internal operations and the operation of the Site. By using our Sites, you acknowledge and agree to The Mom Project's use of such third-party service providers.

If you choose, or are provided with, login credentials, a user name, password, or any other piece of information as part of our authentication procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

SERVICE ELIGIBILITY

All Users

The Site and the Services are available only to Users (as defined below) who can form legally binding contracts under applicable law. By using the Site or the Services, User represents and warrants that User is at least eighteen (18) years of age.

The Mom Project provides this Site for use only by persons located in the United States and who are authorized to work in the US under applicable laws, as its Site, Platform, and servers are based in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site and Services may not be legal by certain persons or in certain countries.

SITE SERVICES

All Users

The Mom Project's Platform is a web-based marketplace ("Platform") that connects companies (each, "Company" or "Companies") seeking professional services with independent professional and consultant individuals (each, "Talent") for placement services including project-based staffing, interim and permanent staffing, project-based contracting and strategic advisory services (collectively, "Services"). Companies or Talent may be referred to in these Terms of Service as "User" or "Users."

Orders & Specific Platform Services

Company

The Mom Project will perform for Company the Services specified in, and in accordance with, the terms of any agreed-upon orders, purchase orders, statements of work, or any other forms of agreement signed by both parties, subject to these Terms (each, an "Order"). If there is a conflict or ambiguity between any of the terms of these Terms and an Order, the terms of the Order will prevail for that Order only.

Open Roles & Company Information

Company

In order to generate more targeted interest in open roles on The Mom Project's marketplace, we may, unless otherwise agreed upon on an Order, use Company's name, logo, industry, and general location in any posts.

DIRECT HIRE SERVICES

The Mom Project Duties for Direct Hire Services

Company

  • Assist in vetting individual professionals that are part of The Mom Project community ("Talent") for appropriate qualifications and experience, based on the Companies description of the role.
  • Comply with applicable federal, state and local laws and regulations in the performance of the Direct Hire Services.
  • Subject to the payment terms set forth in these Terms or an applicable Order, collect payment from Customer.

Company's Duties for Direct Hire Services

Company

  • Be responsible for determining the scope of Services and the type of Talent engagement, meaning Direct Hire, Temporary Assignment, or Independent Contractor;
  • Be solely responsible for the final selection of Talent to hire;
  • Be responsible for procuring background checks on Talent selected for hire by Company, and ensuring such background checks comply with the FCRA and any other applicable laws, be it federal, state or local;
  • Provide Talent with copies of Company's policies, standards and practices to Talent prior to commencement of services;
  • To the extent that Talent may require access to Company's premises, Company's facilities and/or Company's systems, provide Talent with copies of Company's security procedures and rules with respect to access to Company's premises, and use of Company's facilities and/or Company's systems;
  • Properly supervise Talent performing work and be responsible for Company's business operations, products, services, and intellectual property;
  • Make timely payments to The Mom Project for all services performed by The Mom Project, subject to these Terms and any applicable Order.

TEMPORARY ASSIGNMENT SERVICES

The Mom Project Duties for Temporary Assignment Services

Company

  • Assist in vetting Talent for appropriate qualifications and experience, based on the Companies description of the role;
  • Procure standard criminal background checks on Talent selected by Company, including verification of highest education obtained and recent employment history, performed by a third-party vendor of The Mom Project, or The Mom Project's third-party employer of record;
  • Subject to the payment terms set forth in these Terms or the applicable Order, collect payment from Customer;
  • Ensure timely payment to Talent for approved hours worked by Talent through The Mom Project or The Mom Project's third-party employer of record;
  • Comply with applicable federal, state and local laws and regulations applicable to its performance of the Services as set forth in these Terms and the applicable Order;
  • Assist Company and Talent with resolving disputes that may arise from time to time;

Company's Duties for Temporary Assignment Services

Company

  • Be responsible for determining the scope of services and the type of Talent engagement, meaning Direct Hire, Temporary Assignment, or Independent Contractor.
  • Be solely responsible for the final selection of Talent for performance of services;
  • Provide Talent with copies of Company's policies, standards and practices to Talent prior to commencement of services;
  • To the extent that Talent may require access to Company's premises, Company's facilities and/or Company's systems, provide Talent with copies of Company's security procedures and rules; and
  • Properly supervise Talent performing work and be responsible for Company's business operations, products, services, and intellectual property;

INDEPENDENT CONTRACTOR SERVICES

The Mom Project Duties for Independent Contractor Services

Company

  • Assist in vetting Talent for appropriate qualifications and experience, based on the Companies description of the role.
  • Act as a third-party processor and file 1099K forms to the IRS for Talent based in the United States;
  • Subject to the payment terms set forth in these Terms or the applicable Order, collect payment from Company;

Company's Duties for Independent Contractor Services

Company

  • Be responsible for determining the scope of Services;
  • Be solely responsible for the final selection of Talent;

INVOICING & PAYMENT TERMS

Company

Invoicing for Direct Hire Services

The Mom Project shall provide invoices for Direct Hire Services within seven (7) days of hiring of Talent by Company.

Payment

Unless otherwise agreed to in writing on an Order signed by Company and The Mom Project, Company shall provide payment on all invoices within seven (7) days of receipt of invoice.

LIMITATION OF LIABILITY

All Users

Indemnification

To the extent permitted by applicable law, User agrees to indemnify, defend and hold harmless The Mom Project, The Mom Project's affiliates and subsidiaries, and its officers, directors, employees, agents, licensors, suppliers, and partners from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or any activity related to use of the Service, the Site or the Platform.

Governing Law

All Users

These Terms of Service and the relationship between User and The Mom Project will be governed by the laws of the United States of America and the State of Illinois as an agreement wholly performed therein. Any dispute relating in any way to User's use of the Site or Service will be submitted to confidential arbitration in Cook County, Illinois.