1. Acceptance of Terms
ParentsTrust provides a collection of online
resources, including classified ads, forums, and various email services,
(referred to hereafter as "the Service") subject to the following
Terms of Use ("Terms"), which may be updated by ParentsTrust from
time to time. ParentsTrust will provide notice of materially significant
changes to the Term by posting notice on the ParentsTrust site. You can review
the most current version of the Terms at: http://www.ParentsTrust.org/about/terms.of.use.html[add link to TOS page http://www.parentstrust.com/TermsOfService.
By using the Service in any way, you are agreeing to comply with these Terms.
In addition, when using particular ParentsTrust services, you agree to abide by
any applicable posted guidelines for all ParentsTrust services, which may
change from time to time. Should you object to any term or condition of these
Terms, any guidelines, or any subsequent modifications thereto or become
dissatisfied with ParentsTrust in any way, your only recourse is to immediately
discontinue use of ParentsTrust.
2. Content
You understand that all postings,
messages, text, files, images, photos, video, sounds, or other materials
("Content") posted on, transmitted through, or linked from the
Service, are the sole responsibility of the person from whom such Content
originated. More specifically, you are entirely responsible for all Content
that you post, email or otherwise make available via the Service. You
understand that ParentsTrust does not control, and is not responsible for
Content made available through the Service, and that by using the Service, you
may be exposed to Content that is offensive, indecent, inaccurate, misleading,
or otherwise objectionable. Furthermore, the ParentsTrust site and Content
available through the Service may contain links to other websites, which are
completely independent of ParentsTrust. ParentsTrust makes no representation or
warranty as to the accuracy, completeness or authenticity of the information
contained in any such site. Your linking to any other webites is at your own
risk. You agree that you must evaluate, and bear all risks associated with, the
use of any Content, that you may not rely on said Content, and that under no
circumstances will ParentsTrust be liable in any way for any Content or for any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge
that ParentsTrust does not pre-screen or approve Content, but that ParentsTrust
shall have the right (but not the obligation) in its sole discretion to refuse,
delete or move any Content that is available via the Service, for violating the
letter or spirit of the Terms or for any other reason.
3. Notification of Claims of
Infringement
If you believe that your work has
been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please notify
ParentsTrust's agent for notice of claims of copyright or other intellectual
property infringement ("Agent"), at craig@ParentsTrust.org or:
Copyright Agent
ParentsTrust
1010 Cole Street
San Francisco, CA
94117
65. No Spam Policy
You understand and agree that
sending unsolicited email advertisements to ParentsTrust email addresses or
through ParentsTrust computer systems, which is expressly prohibited by these
Terms, will use or cause to be used servers located in California. Any
unauthorized use of ParentsTrust computer systems is a violation of these Terms
and certain federal and state laws, including without limitation the Computer
Fraud and Abuse Act (18 U.S.C. 1030 et seq.), Section 502 of the California
Penal Code and Section 17538.45 of the California Business and Professions
Code. Such violations may subject the sender and his or her agents to civil and
criminal penalties.
67. Limitations on service
You acknowledge that ParentsTrust
may establish limits concerning use of the Service, including the maximum
number of days that Content will be retained by the Service, the maximum number
and size of postings, email messages, or other Content that may be transmitted
or stored by the Service, and the frequency with which you may access the
Service. You agree that ParentsTrust has no responsibility or liability for the
deletion or failure to store any Content maintained or transmitted by the
Service. You acknowledge that ParentsTrust reserves the right at any time to
modify or discontinue the Service (or any part thereof) with or without notice,
and that ParentsTrust shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
78. Termination of service
You agree that ParentsTrust, in
its sole discretion, has the right (but not the obligation) to delete or deactivate
your account, block your email or IP address, or otherwise terminate your
access to or use of the Service (or any part thereof), immediately and without
notice, and remove and discard any Content within the Service, for any reason,
including, without limitation, if ParentsTrust believes that you have acted
inconsistently with the letter or spirit of the Terms. Further, you agree that
ParentsTrust shall not be liable to you or any third-party for any termination
of your access to the Service. Further, you agree not to attempt to use the
Service after said termination. Sections 2, 4, 6 and 9-13 shall survive
termination of these Terms.
89. Dealings with organizations and
individuals
Your interactions with
organizations and/or individuals found on or through the Service, including
payment and delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such organizations and/or individuals. You agree that ParentsTrust
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings. If there is a dispute between participants
on this site, or between users and any third party, you understand and agree
that ParentsTrust is under no obligation to become involved. In the event that
you have a dispute with one or more other users, you hereby release
ParentsTrust, its officers, employees, agents and successors in rights from
claims, demands and damages (actual and consequential) of every kind or nature,
known or unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way related to such disputes and / or our service. If you are
a California resident, you waive California Civil Code Section 1542, which
says: "A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the release,
which, if known by him must have materially affected his settlement with the
debtor."
910. Proprietary rights
The Service is protected to the
maximum extent permitted by copyright laws and international treaties. Content
displayed on or through the Service is protected by copyright as a collective
work and/or compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of derivative works from
or redistribution of the Sites or the collective work is prohibited. Copying or
reproducing the sites or any portion thereof to any other server or location
for further reproduction or redistribution is prohibited. You further agree not
to reproduce, duplicate or copy Content from the Service, and agree to abide by
any and all copyright notices displayed on the Service. You may not decompile
or disassemble, reverse engineer or otherwise attempt to discover any source
code contained in the Service. Without limiting the foregoing, you agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any aspect of the Service. All portions of the ParentTrust site are copyright
2004 by the ParentsTrust Co.PARENTSTRUST is a registered mark
in the U.S. Patent and Trademark Office.
Although ParentsTrust does not
claim ownership of content that its users post, by posting Content to any public
area of the Service, you automatically grant, and you represent and warrant
that you have the right to grant, to ParentsTrust an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform, display,
and distribute said Content and to prepare derivative works of, or incorporate
into other works, said Content, and to grant and authorize sublicenses (through
multiple tiers) of the foregoing.
101. Disclaimer of Warranties
YOU AGREE THAT USE OF THE
PARENTSTRUST SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE
PARENTSTRUST SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR
"AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PARENTSTRUST DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE
OF THE PARENTSTRUST SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY
LAW, PARENTSTRUST DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE PARENTSTRUST SITE OR THE SITES OR SERVICE, OR
ACCESSED THROUGH ANY LINKS ON THE PARENTSTRUST SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, PARENTSTRUST DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER
HARMFUL COMPONENTS IN CONNECTION WITH THE PARENTSTRUST SITE OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such
jurisdictions, some of the foregoing disclaimers may not apply to you insofar
as they relate to implied warranties.
112. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL
PARENTSTRUST BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES (EVEN IF PARENTSTRUST HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PARENTSTRUST
SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE
PARENTSTRUST SITE OR THE SERVICE, FROM INABILITY TO USE THE PARENTSTRUST SITE
OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR
TERMINATION OF THE PARENTSTRUST SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO
APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PARENTSTRUST SITE OR THE
SERVICE OR ANY LINKS ON THE PARENTSTRUST SITE, AS WELL AS BY REASON OF ANY INFORMATION
OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PARENTSTRUST
SITE OR THE SERVICE OR ANY LINKS ON THE PARENTSTRUST SITE. THESE LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction,
limitations of liability are not permitted. In such jurisdictions, some of the
foregoing limitation may not apply to you.
123. Indemnity
You agree to indemnify and hold
ParentsTrust, its officers, subsidiaries, affiliates, successors, assigns,
directors, officers, agents, service providers, suppliers and employees,
harmless from any claim or demand, including reasonable attorney fees and court
costs, made by any third party due to or arising out of Content you submit,
post or make available through the Service, your use of the Service, your
violation of the Terms, your breach of any of the representations and
warranties herein, or your violation of any rights of another.
134. General information
The Terms constitute the entire
agreement between you and ParentsTrust and govern your use of the Service,
superceding any prior agreements between you and ParentsTrust. The Terms and
the relationship between you and ParentsTrust shall be governed by the laws of
the State of California without regard to its conflict of law provisions. You
and ParentsTrust agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of San Francisco, California. The failure
of ParentsTrust to exercise or enforce any right or provision of the Terms
shall not constitute a waiver of such right or provision. If any provision of
the Terms is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the Terms remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
15. Violations of Terms and
Liquidated Damages
Please report any violations of the
Terms, by flagging the posting(s) for review, or by emailing to abuse@ParentsTrust.com. Our failure to
act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches.
You understand and agree that,
because damages are often difficult to quantify, if actual damages cannot be
reasonably calculated then you will be liable to pay ParentsTrust liquidated
damages as follows:
a. If you post a message that (1)
impersonates any person or entity; (2) falsely states or otherwise
misrepresents your affiliation with a person or entity; or (3) that includes
personal or identifying information about another person without that person's
explicit consent, you agree to pay ParentsTrust one thousand dollars ($1,000)
for each such message.
b. If ParentsTrust establishes
limits on the frequency with which you may access the Service, or terminates
your access to or use of the Service, you agree to pay ParentsTrust one hundred
dollars ($100) for each message posted in excess of such limits or for each day
on which you access ParentsTrust in excess of such limits, whichever is higher.
c. If you send unsolicited email
advertisements to ParentsTrust email addresses or through ParentsTrust computer
systems, you agree to pay ParentsTrust twenty five dollars ($25) for each such
email.
d. If you post messages in violation
of these Terms of Use, other than as described above, you agree to pay
ParentsTrust one hundred dollars ($100) for each such message. In its sole
discretion, ParentsTrust may elect to issue a warning before assessing damages.
Otherwise, you agree to pay
ParentsTrust's actual damages, to the extent such actual damages can be
reasonably calculated.
146. Feedback
We welcome your feedback on this
document. Please contact us at
feedback@parentstrust.comhttp://www.parentstrust.com/ContactUs . in our feedback forum.