Date of Last Revision: August 28, 2025
PLEASE READ THESE TERMS CAREFULLY! THEY INCLUDE AN ARBITRATION PROVISION REQUIRING INDIVIDUAL ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTIONS. By submitting your order or accepting or using products, you acknowledge that you agree to these terms in their entirety.
1. Application. These Consumer Terms of Sale (“Terms”) apply to all consumer purchases from MOM Travel or of MOM Travel products, software, services or support (“Product”).
2. Additional Terms. The Terms consist of this document and MOM Travel’s:
a. Privacy Policy, and
b. Terms of Service.
3. Orders, Acceptance and Cancellation. Your order is an offer to buy. MOM Travel may send an order confirmation email to acknowledge receipt of your order, but MOM Travel does not accept your order until we send you notice that the Product has shipped. MOM Travel may process payment for and ship parts of an order separately. MOM Travel reserves the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud.
4. Pricing and Availability. Prices and promotions are subject to change. MOM Travel strives to communicate accurate pricing and product information, but errors may occur. In the unlikely event that an error impacts your order, or a Product ordered is no longer available, we will either contact you for instructions or cancel your order.
5. Taxes and Fees. Unless you provide MOM Travel with a valid and correct tax exemption certificate, you are responsible for sales and other taxes associated with your order.
6. Shipping. Product title passes to you when the Product ships. You are responsible for inspecting the package(s) upon delivery and must note any visible damage on the proof of delivery (POD) or other delivery receipt the carrier asks you to sign. MOM Travel is not responsible for any visible shipping damages not noted on the delivery receipt.
7. Warranty Disclaimer. MOM Travel MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, MAINTENANCE OR SUPPORT, WHICH ARE PROVIDED "AS IS," AND DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AND CONDITIONS AGAINST HIDDEN OR LATENT DEFECTS.
8. Receiving Warranty or Service Support. IT IS YOUR RESPONSIBILITY TO BACK UP ALL EXISTING DATA, SOFTWARE AND PROGRAMS BEFORE RECEIVING SERVICES OR SUPPORT (INCLUDING EMAIL AND TELEPHONE SUPPORT). MOM Travel AND/OR YOUR THIRD-PARTY SERVICE PROVIDER WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS, OR FOR LOSS OF USE OF SYSTEM(S) ARISING OUT OF THE SERVICES OR SUPPORT OR ANY ACT OR OMISSION, INCLUDING NEGLIGENCE, BY MOM Travel OR YOUR-THIRD-PARTY SERVICE PROVIDER.
9. Email and/or Telephone Communications. Email and/or Telephone communications with us, our agents or independent contractors may be monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your email and phone number, to such monitoring or recording. By providing us with a email address and a phone number (including mobile) as your contacts, you expressly authorize us to contact you on that email address and a phone number via text message or telephone, including via prerecorded or auto-dialed calls. This consent is for non-emarketing and non-telemarketing calls only.
10. Limitation of Liability. In no event will MOM Travel be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if MOM Travel has been advised of the possibility of such damages. YOU AGREE THAT MOM Travel’S LIABILITY IN ANY DISPUTE WILL BE CAPPED AT THE TOTAL AMOUNT YOU PAID FOR THE ORDER OR PRODUCT AT ISSUE.
11. Purchases may not be resold or exported. Your purchase is for your own use, not for resale, export, re-export or transfer. Your purchase is subject to and you are responsible for compliance with the export control and economic sanctions laws of the United States and other applicable jurisdictions (“Export Laws”). Your purchase, including any associated intellectual property rights or trade secrets that may accompany it, may not be used, licensed, sold, supplied, leased, exported, re-exported or otherwise transferred, whether directly or indirectly, to restricted countries, restricted end users, or for restricted end uses according to the Export Laws. MOM travel reserves all rights and remedies to enforce these restrictions, including injunctive relief, damages, and cancellation/termination of your purchase.
12. Governing Law. THESE TERMS AND ANY DISPUTE BETWEEN YOU AND MOM Travel WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW OR ANOTHER LOCATION WE BOTH AGREE UPON.
13. Dispute Resolution and Binding Arbitration. YOU AND MOM Travel AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND MOM Travel WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, EXCEPT AS SPECIFIED IN ANY APPLICABLE MASS ARBITRATION RULES, PROCEDURES, OR GUIDELINES.
a. This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and MOM Travel, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase ("MOM Travel") that relates in any way to your purchase or Product, these Terms, or MOM Travel's marketing or advertising (“Claims”).
b. You still have the right to bring individual Claims in small claims court, to the extent that you qualify.
c. MOM Travel will not pay the arbitration/arbitrator fees.
d. Arbitration shall be administered by either:
i. The American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org; or
ii. JAMS, subject to the JAMS Comprehensive Arbitration Rules, available at (800) 352-5267 and www.jamsadr.com.
e. If more than 25 individual arbitration demands are filed by the same or related parties or party representatives, the Mass Arbitration Supplementary Rules (AAA) or Mass Arbitration Procedures and Guidelines (JAMS) will apply.
f. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
g. You and MOM Travel agree to arbitration only on an individual basis, except as specified in any applicable mass arbitration rules, procedures, or guidelines. Neither you nor MOM Travel may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This Paragraph controls over any inconsistent term in any other agreement.
h. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).