Terms ofService

 

 Last updated May 8^th , 2022

 

Welcome tothe Parentalz website, parentalz.com (the “Site”). The Site is operated by ParentalzLLC. (the “Company,” “we,” “us,” “our”). By accessing or using our Site yousignify that you have read, understand and agree to be bound by these Terms ofService ("Terms of Service"), regardless of whether you are a registereduser of the Site. If you do not agree to these Terms of Service, then do notuse the Site.

 

THESE TERMSOF SERVICE CONTAIN, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING ACLASS ACTION WAIVER. PLEASE READ THE MISCELLANEOUS SECTION BELOW FOR ADDITIONALINFORMATION.

 

These Termsof Service are effective as of the date posted above and we will not be boundby any additional or different terms or other documents that are inconsistentwith these Terms of Service. Company may modify or update these Terms ofService at any time by posting the amended terms on the Site and such termsshall be effective for all use of the Site and Services (as defined below) oncethey are posted. Your continued access to the Site and/or use of the Site orthe Services provided on the Site following the posting of any additional ordifferent terms in the Terms of Service constitutes your acceptance of thoseadditional or different terms. Company, in its sole discretion, may also add,delete or change some or all of the features of the Site or Company's Servicesat any time.

 

These Termsof Service govern your access and use of the Site and all content, Servicesand/or products provided through the Site. Please read these Terms of Servicecarefully before using the Site. If you violate any of these Terms of Service(which incorporate by reference the Company's Privacy Policy, or otherwiseviolate an agreement between you and us, the Company may terminate yourregistration, delete your profile and any content or information that you haveposted on the Site and/or prohibit you from using or accessing the Site (or anyportion, aspect or feature of the Site), at any time in its sole discretion,with or without notice.

 

As usedherein, “User” or "Users" means anyone who accesses and/or uses theSite.

 

Our store ishosted on Shopify Inc. They provide us with the online e-commerce platform thatallows us to sell our products and services to you.

 

1.Description of the Services

 

 

Subject tothe terms and conditions specified herein, Company offers Users informationregarding our products and allows Users to purchase such products through theSite; the Site also allows Users the possibility to post reviews (or other usergenerated content), establish an account, sign up for product waitlists, participatein a contest or promotion, submit feedback or user comments, complete optionalsurveys, contact customer service or otherwise interact with the Site (the“Services”). Certain of our Services require Users to provide personalinformation, as detailed in our Privacy Policy.

 

2.Collection of Customer Data

 

 

If you wishto purchase products from the Site or obtain information regarding theServices, we or our e-commerce provider will obtain contact and paymentinformation from you (“Customer Data”). Certain payment and processing optionsmay direct you away from the Site to a third-party site.

 

By providingCustomer Data, you agree: (i) to these Terms of Service; (ii) to provide true,accurate, current and complete Customer Data; (iii) to maintain and promptlyupdate the Customer Data to keep it true, accurate, current and complete; (iv)for security reasons, to maintain the confidentiality of Customer Data; (v) toensure that you properly exit from your account at the end of each session andto immediately notify Company of any unauthorized use of your account or anyother breach of security; and (vi) to take full responsibility for allactivities that occur under any customer account created for your use.

 

Company isnot responsible for any loss or damage arising from your failure to comply withthe foregoing requirements. If you provide any information that is untrue,inaccurate, not current or incomplete, or to which you do not have rights, orif Company has reasonable grounds to suspect that such information is untrue,inaccurate, not current or incomplete, Company may suspend or terminate youraccount and refuse any and all current or future use of the Services (or anyportion thereof).

 

3.Eligibility

 

 

This Site isintended solely for Users who are at least 16 years of age or older, and anyregistration by, use of or access to the Site by anyone who is not at least 16years of age is unauthorized, unlicensed and in violation of these Terms ofService. By using the Services or the Site, you represent and warrant that youare at least 16 years of age or older, and that you agree to abide by all ofthe terms and conditions of these Terms of Service. If you violate any of theseTerms of Service, or otherwise violate an agreement between you and us, or forany other reason, the Company may terminate your registration and any contentor information that you have posted on the Site and/or prohibit you from usingor accessing the Services or the Site (or any portion, aspect or feature of theServices or the Site), at any time in its sole discretion. You agree that theCompany will not be liable to you or any third party for any termination ofyour membership, account, or use of or access to the Site or the Services.

 

4.Proprietary Rights

 

 

Companyretains all right, title and interest in and to the Services, as well as alldata, information, content and materials provided on the Services. Companyfurther retains all right, title and interest in and to the business processes,procedures, methods and techniques used within the Services and all patentrights, copyright rights, trademark rights, trade secret rights and otherintellectual property and proprietary rights therein existing anywhere in theworld ("Intellectual Property") to such Services. All content on theSite, including but not limited to designs, text, graphics, pictures, video,information, software, music, sound and other files, and their selection andarrangement (the "Site Content"), are our proprietary property withall rights reserved. No Site Content may be modified, copied, distributed,framed, reproduced, republished, downloaded, displayed, posted, transmitted, orsold in any form or by any means, in whole or in part, without our priorwritten permission. Such unauthorized use may also violate applicable lawsincluding without limitation copyright and trademark laws and applicablecommunications regulations and statutes. Unless explicitly stated herein,nothing in these Terms of Service shall be construed as conferring any licenseto intellectual property rights, whether by estoppel, implication or otherwise.

 

5. Contentof Site and Products

 

 

While we tryto maintain the accuracy of the Site, we are not responsible if information onthe Site is not accurate, complete or current. Any reliance on the material onthis Site is at your own risk. Prices and descriptions for our products aresubject to change without notice. We shall not be liable to you or to anythird-party for any modification, suspension or discontinuance of the Site orthe Services.

 

Informationon the Site regarding our products may contain typographical errors,inaccuracies or omissions that may relate to product descriptions, pricing,promotions, offers, product shipping charges, transit times and availability.We reserve the right to correct any errors, inaccuracies or omissions, and tochange or update information or cancel orders if any information on the Site isinaccurate at any time without prior notice (including after you have submittedyour order).

 

We undertakeno obligation to update, amend or clarify information on the Site, including,without limitation, pricing information, except as required by law. Nospecified update to the Site should be taken to indicate that all theinformation on the Site has been modified or updated.

 

Productsavailable through the Site are subject to our Return Policy. Certain productsmay be available in limited quantities. Although we have made every effort todisplay as accurately as possible the colors and images of our products thatappear on the Site, we cannot guarantee that your device or computer monitor’sdisplay of any color will be accurate. We reserve the right to limit thequantities of any products that we offer and to discontinue any product at anytime.

 

We reservethe right to refuse any order you place with us and, in our sole discretion,may limit or cancel quantities purchased per person or per order. In the eventthat we make a change to or cancel an order, we will attempt to notify you bycontacting the e-mail and/or billing address or phone number provided at thetime the order was made. We reserve the right to limit or prohibit orders that,in our sole judgment, appear to be placed by unauthorized dealers, resellers,or distributors.

 

6. ContentSubmitted by Users

 

 

By providinginformation through the Site, including any product reviews, photographs,comments or other submissions (“Submission”), you certify that your Submissionconsists of original material to which you have all the rights; that yourSubmission does not violate the rights of any third party, including, withoutlimitation, copyright, trademark, patent, privacy or any rights creating claimsfor idea misappropriation or the right of publicity; that your Submission doesnot contain any material that is abusive, vulgar, threatening, harassing,libelous, defamatory, obscene or that is known to be false; and that yourSubmission does not include any private or personally identifiable informationregarding any third party.

 

By providingyour Submission, you grant the Company a non-exclusive, perpetual, irrevocable,transferable and sublicensable worldwide right and license to use, reproduce,modify and otherwise exploit your Submission, with or without attribution, andhereby waive all moral rights therein; without limiting the foregoing, youfurther acknowledge and agree that any Submission will not be returned or keptconfidential; that the Company is not obligated to use or pay you for theSubmission; that the Company may publish the Submission in perpetuity in allmarkets worldwide and in any and all media now known or hereafter discovered,including the Site; that the Company may edit or remove content that wedetermine in our sole discretion is unlawful, offensive, threatening, libelous,defamatory, pornographic, obscene or otherwise objectionable or violates anyparty’s intellectual property or these Terms of Service; that the Submissionmay be edited for length, clarity and/or functionality; that we may display yourname in conjunction with the Submission; and that your Submission may be sharedwith legal authorities if the Company believes it is warranted or appropriate,or pursuant to a legal request.

 

7. ReferralProgram

 

 

The Companymay at its discretion provide you with the opportunity to refer customers tothe Company (“Referral Program”). In submitting referrals to the Company, youacknowledge that you have the right to make such referrals, that your referralsdo not violate the privacy or other rights of third parties, and that yourreferrals do not violate any of these Terms of Service. You further acknowledgethat the Company in its sole discretion may terminate the Referral Program atany time. If the Company terminates the Referral Program, it will have noobligation to compensate you for any referrals and your right to make referralswill terminate.

 

8.Prohibited Conduct

 

 

You agree touse the Site and Services only for purposes that are legal, proper and inaccordance with these Terms of Service and any applicable laws, rules andregulations.

 

You may not:

 

·       usethe Site or the Services in any manner that could damage, disable, overburden,or impair the Site or the Services, or interfere with any other party's use andenjoyment of the Site or the Services;

·       attemptto gain unauthorized access to the Site, the Services, or the devices, computersystems or networks connected to the Site or the Services through hacking,password mining or any other means;

·       createuser accounts by automated means or under false or fraudulent pretenses;

·       transmitany viruses, worms, defects, Trojan horses, or any items of a destructivenature;

·       defame,abuse, harass, stalk, threaten or otherwise violate the legal rights (such asrights of privacy and publicity) of others;

·       upload,post, email or transmit, or otherwise make available through the Site or theServices any inappropriate, defamatory, infringing, obscene, or unlawfulcontent;

·       upload,post, email or transmit, or otherwise make available through the Site or theServices any content that infringes any patent, trademark, copyright, tradesecret or other proprietary right of any party, unless you are the owner ofsuch rights or have the permission of the owner to post such content;

·       upload,post, email or transmit, or otherwise make available through the Site or theServices any materials that promote pyramid schemes, chain letters ordisruptive commercial messages or advertisements, or anything else prohibitedby law;

·       runMail list, Listserv, or any form of auto-responder or "spam" on theSite or the Services;

·       usemanual or automated software, devices, or other processes to "crawl"or "spider" any page of the Site, including to engage in thepractices of "screen scraping," "database scraping" or anyother activity with the purpose of obtaining content or other information;

·       interfereor attempt to interfere with the proper working of the Site or the Services orany activities conducted on the Site or the Services, including to utilizeframing techniques to enclose any Site Content or other proprietaryinformation, place pop-up windows over the Site's pages, or otherwise affectthe display of the Site's pages;

·       downloadany file posted by another user that you know, or reasonably should know, cannotbe legally distributed in such manner;

·       impersonateanother person or entity, or falsify or delete any author attributions, legalor other proper notices or proprietary designations or labels of the origin orsource of any materials;

·       removeany copyright, trademark or other proprietary rights notices contained in or onthe Site or the Services;

·       useany robot, spider, site search/retrieval application, or other device toretrieve or index any portion of the Site or the Services or collectinformation about its Users for any unauthorized purpose;

·       submitcontent that falsely expresses or implies that such content is sponsored orendorsed by the Company, any of its affiliates or any third parties;

·       usethe Site or the Services for any illegal or unauthorized purpose (including,without limitation, in violation of any United States federal and state laws orregulations, or equivalent laws or regulations in foreign jurisdictions;

·       promoteor provide instructional information about illegal activities or promote physicalharm or injury against any group or individual;

·       shareor disclose with anyone any information obtained through the Site or theServices about any investment offerings; or

·       usethe Site or the Services for any commercial purpose whatsoever other than foryour personal use.

9. LinkedSites

 

 

The Site maycontain links to other Internet sites, applications and resources. Links foundon the Site may let users leave the Site and go to sites operated by partiesother than the Company, including sites for payment for Services or otherfunctions. The Company does not endorse, and is not responsible or liable inany way for any content, advertising, services or goods on or available fromsuch linked sites, applications or resources. The linked sites, applications orresources are not under the control of the Company and we are not responsiblefor the contents of any linked site, application or resource, or any linkcontained in a linked site, application or resource that is not owned andoperated by the Company, or any changes or updates to such sites, applications orresources. Such links to sites, applications or resources maintained by thirdparties do not constitute an endorsement, guaranty, or warranty by the Company,or any of its affiliates, of any third party or their content, nor theexistence of a partnership, joint venture, agency, or other relationshipbetween the Company, or any of its affiliates, and any linked third party ortheir content. The Company does not assume any responsibility or liability forthe actions, products, content and/or information of these and other thirdparties and/or their sites, applications or resources. Third parties’ sites arenot subject to our Terms of Service and Privacy Policy. You should carefullyreview their privacy statements and other conditions of use.

 

10. TextMessaging

 

 

If youchoose to receive from or send to Company any text messages, Company will notcharge you for the text messaging; however, standard text messaging rates willapply to each text message sent or received as provided in your wireless rateplan (contact your carrier for pricing plans and details). For moreinformation, please see our Messaging Terms & Conditions.

 

11.Disclaimers

 

 

YOUUNDERSTAND THAT THE PROCESSING AND TRANSMISSION OF COMMUNICATIONS RELATING TOTHE USE OF THE SITE OR THE SERVICES, INCLUDING YOUR DATA, MAY INVOLVETRANSMISSIONS OVER VARIOUS NETWORKS AND CHANGES TO CONFORM AND ADAPT TOTECHNICAL REQUIREMENTS OF CONNECTING TO VARIOUS NETWORKS OR DEVICES. THEREFORE,YOU AGREE THAT COMPANY WILL NOT BE LIABLE FOR THE TIMELINESS, DELETION,MIS-DELIVERY OR FAILURE TO STORE ANY DATA, INFORMATION OR CONTENT TRANSMITTEDBY YOU THROUGH THE SITE.

COMPANYPROVIDES THE SITE AND THE SERVICES ON AN "AS IS" AND "ASAVAILABLE" BASIS. WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED.TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SPECIFICALLYDISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIEDWARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATION OR WARRANTY, AND HEREBYDISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT (I) THE SITE OR THE SERVICESWILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SITE OR THE SERVICES WILLBE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, COMPLETE OR ERROR-FREE, (III) ANYRESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THESERVICES WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE AND (IV) ANY ERRORS INANY SOFTWARE USED ON THE SITE OR IN CONNECTION WITH THE SERVICES WILL BECORRECTED. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORSOUTSIDE OF COMPANY'S CONTROL INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONSNETWORK DISRUPTIONS. COMPANY IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FORANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT,SYSTEM OR NETWORK USED IN CONNECTION WITH THE SITE OR THE SERVICES. TO THEFULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO, AND DISCLAIM ALL,REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SUFFICIENCY OF THE SECURITY MEASURESUSED FOR DATA HANDLING AND STORAGE, AND WE WILL NOT BE RESPONSIBLE FOR ANYACTUAL, CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES THAT RESULT FROM A LAPSE INCOMPLIANCE WITH OUR PRIVACY POLICY BECAUSE OF A SECURITY BREACH OR TECHNICALMALFUNCTION.

WHILE WEHAVE ENDEAVORED TO CREATE A SECURE AND RELIABLE SITE, THE COMPANY IS NOTRESPONSIBLE FOR THE SECURITY OF INFORMATION TRANSMITTED VIA THE INTERNET, THEACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR FOR THE CONSEQUENCES OFANY RELIANCE ON SUCH INFORMATION. YOU MUST MAKE YOUR OWN DETERMINATION AS TOTHESE MATTERS. THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGESAS A RESULT OF ANY DELAY OR OTHER FAILURE OF PERFORMANCE DUE TO CAUSES BEYONDITS REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OFCUSTOMER OR ANY OF ITS REPRESENTATIVES, ACTS OF MILITARY OR CIVIL AUTHORITIES,FIRE OR OTHER CASUALTY, STRIKES, LOCKOUTS, WEATHER, EPIDEMIC, WAR, RIOT,TERRORISM, TELECOMMUNICATIONS INTERRUPTIONS OR COMPUTER VIRUSES. THE SITE MAYBE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS.

 

12.Limitation on Liability

 

 

IN NO EVENTSHALL COMPANY, ITS AFFILIATES OR ITS LICENSORS, TOGETHER WITH ITS AND THEIRRESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS (THE“COMPANY PARTIES”), BE LIABLE (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I)ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECTOR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES ORTECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OFCERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENTPERMISSIBLE UNDER APPLICABLE LAW. TO THE FULL EXTENT PERMISSIBLE UNDERAPPLICABLE LAW, COMPANY'S AND COMPANY PARTIES’ COLLECTIVE AGGREGATE LIABILITYTO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A)THE AGGREGATE OF THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICES DURINGTHE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIMARISES OR (B) $100.

 

13.Indemnity

 

 

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold Company and its affiliates, together with its and their respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys' fees and costs including any incurred in enforcement of this provision) arising out of (i) your use or misuse of the Site or the Services, (ii) your breach or alleged breach of these Terms of Service, and(iii) your violation of any law, rule, regulation or violation of any rights of others in connection with your use of the Site or the Services.

 

14.Termination

 

 

You agree that Company, in its sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of your account, the Company may delete and/or store, in its discretion, data associated with your use of the Site. In the event of termination, the Company has no further obligations to you.

 

15.Miscellaneous

 

 

These Terms of Service constitute the entire agreement between you and Company with respect to your access and use of the Site and the Services and supersedes all prior and contemporaneous agreements between you and Company. If any of the provisions of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The provisions of Sections 3-8, and 11-15shall survive any termination of these Terms of Service.

This Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

The laws applicable to the interpretation of these Terms of Service shall be the laws of the State of New Jersey, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Union County , New Jersey.

Any and al lcontroversies, disputes, demands, counts, claims, or causes of action(including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Company or its successors or assigns shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitrationwill be conducted before one arbitrator and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if thearbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).

To the fullest extent permitted by applicable law, you and the Company must abide bythe following rules: (1) ANY CLAIMS BROUGHT BY YOU OR THE COMPANY MUST BEBROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASSMEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATORMAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDEOVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARDCLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor the Company may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

 

16.Assignment

 

 

The Company may assign these Terms of Service at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer these Terms of Service. If any provision of this Terms of Service is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

 

For any questions or comments, or to report violations of these Terms of Service ,including receipt of spam from a user, contact the Company at: parentalzservice@gmail.com with “Terms of Service” in the subject line of your email.