Last Updated: October 2022
These Terms form a binding legal agreement between Parenting Partners, Inc. (“Parenting Partners, “we”, “us”, and“our”) and you regarding the use of our website (parenting.partners), mobile applications, and related services and offerings (collectively, the “Platform”). “Users” means other visitors and users of the Platform. These Terms apply to Users.
I. AGREEMENT TO TERMS
II. USE OF SERVICE PROVIDERS AND OTHER THIRD-PARTY PLATFORMS
III. USE OF THE SERVICES
We permit users only age 13 or older to use our Platform. In order for you to use the Platform, you must be at least 13 years old. By signing up for a user account or by using the Platform, you are affirming that you are 13 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of their age. In addition, certain Platform may have additional eligibility requirements, as specified on the Platform.
B. Registration and Your Information
You may register for only one Account and your unique Account can be used across our Platform. You agree to provide us with accurate, complete, and up-to-date information for your Account, and to update such information, as needed, to keep it accurate, complete, and up-to-date. If you don’t, we may suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you have actual knowledge regarding such activities.
C. Restrictions and Acceptable Use
You represent, warrant, and agree that you will not: (i) remove any trademark or copyright notices contained in the Platform or Content; (ii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit the Platform or Content; (iii) use manual or automated means to trawl, mine, scrape, frame, or mirror the Platform or Content; (iv) disassemble, decompile or reverse engineer the Platform or Content; (v) attempt to hack, defeat, or overcome any encryption technology or security measures regarding the Platform or our other systems or those of any third party, or gain any unauthorized access to any systems or accounts; (vi) interfere with or disrupt the operation of the Platform or any other systems or otherwise interrupt or interfere with any other user’s use or enjoyment of the Platform; (vii) violate any applicable local, state, national or international law; (viii) post or transmit any Content that is unlawful, defamatory, abusive, harassing, threatening, obscene, fraudulent, or otherwise inappropriate, or infringes any intellectual property or privacy rights of any person; (ix) send unsolicited advertisements through the Platform; (x) use the Platform in a way that will adversely affect us or reflect negatively on us, any of our goodwill, name or reputation; (xi) provide any false or misleading information or any information that you do not have the right to provide; or (xii) otherwise violate any of our posted policies or rules.
E. Links to Third-Party Websites or Resources
Any links furnished through our Platform are provided to you for your convenience and any inclusion of a third-party link shall in no way be construed as an endorsement by us of the website(s), digital properties, or their content.
We have no control over, and are not responsible for, your interactions (online or in person) with any third parties, even if introduced via the Platform. You are solely responsible for your interactions with any third parties. Additionally, certain third-party providers integrated or featured on the Platform may charge for access to certain services, features, or content. We may be compensated by third parties for promotion of, or referrals to, their services. Notwithstanding the foregoing, any transaction between you and any third party will be solely between you and such third party, and we are not party to (and have no liability for) any such transaction.
IV. CONTENT AND CONTENT RIGHTS
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Platform.
Parenting Partners and its licensors exclusively own all right, title, and interest in and to the Platform and Content, including all associated intellectual property rights. You acknowledge that the Platform and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform or Content. Nothing contained in the Platform should be construed as granting any license or right to use any of the Content without our written permission. Subject to your continued compliance with these Terms, we hereby grant you a personal, non-exclusive, revocable, non-transferable, and non-sub licensable license to access and use the Platform and Content for your personal, non-commercial use.
If you provide feedback, suggestions, improvements, or requests for additional functionality (collectively,“Feedback”), you hereby and automatically grant us an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, display, perform, modify, transmit, distribute, and create derivative works of such Feedback in any way we deem reasonable, without any attribution or accounting to you.This paragraph will survive any termination or expiration of these Terms or of your account on (or use of) the Platform.
If you believe that any Content on the Platform infringes your copyrights or other intellectual property rights, please notify our designated copyright agent at firstname.lastname@example.org. Your notice must comply with the requirements of the DMCA by including the following: (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) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement 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 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.
THE SERVICES AND ALL CONTENT, INFORMATION, AND PRODUCTS AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE RELATING THERETO IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PARENTING PARTNERS AND ITS SUCCESSORS AND AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY INFORMATION OR PRODUCTS APPEARING ON THE SERVICES SHALL BE AT YOUR SOLE RISK, AND YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE HAD REGARDING ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, ON THE PART OF PARENTING PARTNERS AND ITS AFFILIATES REGARDING THE FUNCTIONING AND USE OF THE SERVICES.
WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY ELECTRONIC NETWORK, SERVERS, SOFTWARE, OR FAILURE OF TRANSMISSION AS A RESULT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, ANY THIRD PARTY’S SYSTEMS, OR THE SERVICES, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON'S COMPUTER RESULTING FROM USE OF THE SERVICES. WE CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES OR CONTENT. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SERVICES, CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES OR OTHER THIRD PARTIES. WE DO NOT ENDORSE ANY USERS OR THIRD PARTIES LISTED OR REFERENCED ON THE SERVICES. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Force Majeure: We will not be responsible or liable for any delays or failures to perform due to causes beyond our reasonable control, which may include natural disasters, terrorist attacks, criminal activity, failure of internet or communications networks, health emergencies including pandemics or similar serious outbreaks of disease, or other force majeure events.
VII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PARENTING PARTNERS, ITS SUCCESSORS AND AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, LICENSORS, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER ARISING, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE,
EVEN IF FORESEEABLE, INCLUDING ANY SUCH DAMAGES RESULTING FROM A CLAIM BY ANY PARTY RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR ANY ASSOCIATED INFORMATION OR PRODUCTS. FURTHERMORE, PARENTING PARTNERS AND ITS SUCCESSORS AND AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES RELATING TO THE USE OF THIRD-PARTY SITES OR DIGITAL PROPERTIES LINKED TO OR USED BY THE SERVICES. IF, FOR ANY REASON, THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE HELD UNENFORCEABLE OR INAPPLICABLE, THE TOTAL AGGREGATE LIABILITY OF PARENTING PARTNERS TO A USER OF ITS SERVICES SHALL NOT EXCEED TWENTY-FIVE U.S. DOLLARS ($25.00) RESPECTIVELY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN LIABILITIES. IN SUCH JURISDICTIONS, THE LIABILITY OF PARENTING PARTNERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
VIII. RELEASE AND INDEMNIFICATION
To the fullest extent permitted by law, you release and will defend, indemnify, and hold harmless Parenting Partners and its successors and affiliates, as well as its and their officers, directors, employees, volunteers, agents, licensors, and suppliers, from and against any damages or claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, regardless of whether they are attributable to any act or omission of Parenting Partners and its successors and affiliates, in connection with (1) your use of the Platform or Your Content, (2) your breach of these Terms, (3) your negligent or wrongful conduct, (4) your access to or use of any third party website or platform linked to or used by the Platform or any other interactions or transactions with third parties, or (5) your violation of any third-party right, including without limitation any trademark, copyright, or other proprietary or privacy right. This indemnification provision shall apply to third-party claims as well as claims between the parties to these Terms. We may opt to defend any such third-party claims at our sole discretion, in which case you will indemnify us for the costs of such defense.
CALIFORNIA RESIDENTS HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
VIII. CHANGES TO SERVICES
The Platform is subject to change any time without notice, including to correct any errors or omissions in any portion of the Platform. At any time, Parenting Partners may terminate, change, or suspend any aspect of the Platform or your access thereto, temporarily or permanently, without notice to you. Parenting Partners is not obligated to continue to support or update the Platform. Parenting Partners may impose limits on certain features or services or restrict your access to parts, or all of the Platform. You acknowledge and agree that Parenting Partners and its successors and affiliates shall not be liable to you or to any third party in the event that the Platform or any part thereof become temporarily or permanently unavailable.
IX. CHANGES TO THE TERMS
We may update these Terms from time to time at our discretion. We will always keep the current version of these Terms posted on our website. By using the Platform after a new version of these Terms have been posted, you agree to the terms and conditions of such version of these Terms. If you do not agree to these Terms, you must immediately cease your use of the Platform.
X. ENTIRE AGREEMENT
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you.
XII. COMPLIANCE WITH APPLICABLE LAW AND GOVERNING LAW
We make no representations that the Content or the Platform are appropriate or that they may be used or downloaded outside of the United States. Access to the Platform may not be legal in certain countries outside of the United States. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access thePlatform.
Parenting Partners maintains the Platform from the United States. Additionally, our Platform is subject to United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import any data on our Platform as maybe required.
Our Platform was created and is controlled by Parenting Partners in the State of Washington, United States of America. These Terms, and any disputes arising therefrom or in connection with the Platform, shall be construed and interpreted under the laws of the State of Washington and applicable United States federal laws, without regard for any conflict or choice of law principles thereof.
Parenting Partners may immediately terminate these Terms or terminate your access to the Platform with or without cause, and with or without notice, at any time. Such termination shall take effect immediately, unless Parenting Partners provides otherwise in any notice. Upon termination of your Account, your right to use the Platform immediately ceases and you acknowledge and agree that Parenting Partners may immediately delete any files and data relating to your Account, and bar any further access to such data or to the Platform. Parenting Partners shall not be liable to you or to any third party for termination of your right to use the Platform. In the event of termination of these Terms, the Use Of Service Providers And Other Third-Party Platforms, Content and Content Rights, Disclaimers, Limitation of Liability, Indemnification, Compliance with Applicable Law and Governing Law, and any other section of these Terms that by their nature reasonably should be construed to survive termination, shall, in each case, survive such termination.
The headings contained in these Terms are for convenience only and are not to be used in interpreting these Terms. The provisions of these Terms are severable. In the event any provision of these Terms shall, in whole or in part, be determined to be void for any reason, the remaining provisions will remain in full force and effect. Parenting Partners’s failure or delay in exercising or enforcing any right under these Terms shall not operate as a waiver or relinquishment of any right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.
XVI. CONTACT INFORMATION
If you have any questions about these Terms or the Platform, please contact Parenting Partners at email@example.com.