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Wednesday, March 10, 2010
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| ParentOrganizer
Terms of Use |
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Terms of Use
Welcome to ParentOrganizer! ParentOrganizer provides its
services to you, subject to the following Terms of Use ("TOU"), which may be
updated from time to time by ParentOrganizer without notice to you, and which
updates become effective when posted. You are responsible for regularly
reviewing these terms and conditions. In addition, when using particular
ParentOrganizer services, you and ParentOrganizer shall be subject to any
guidelines or rules applicable to such sites or services that may be posted
from time to time. All such guidelines or rules are hereby incorporated by
reference into these TOU. In the event that any of the terms, conditions, and
notices contained herein conflict with such guidelines or rules, then these
terms shall control. You agree to be bound by these TOU, and indicate such
agreement by your use of any ParentOrganizer Site or service.
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Permitted Use.
Subject to these TOU, ParentOrganizer hereby grants you
the right to access and use the ParentOrganizer Sites. Unless otherwise
specified herein or agreed upon by ParentOrganizer, the ParentOrganizer Sites
are only for your personal, non-commercial use. ParentOrganizer retains all
rights with respect to the ParentOrganizer Sites except those expressly granted
to you in this Agreement. You agree not to duplicate, publish, modify, or
otherwise distribute the material on the ParentOrganizer Sites unless
specifically authorized in writing by ParentOrganizer to do so. You agree not
to frame, or assist third parties in framing, any of the Web pages contained in
the ParentOrganizer Sites. Such framing is strictly prohibited under this
Agreement. The content and software on the ParentOrganizer Sites are the
proprietary property of ParentOrganizer and/or its suppliers and are protected
by U.S. and international copyright and other intellectual property laws.
ParentOrganizer is a trademark of ParentOrganizer, Inc, and you may not use or
display this trademark without the prior written permission of ParentOrganizer,
Inc.
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Privacy of Information
Please review our Privacy Policy, which also governs
your visit to ParentOrganizer.com, to understand how we are concerned about
your privacy.
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Fees and Payments
You can always find the current Subscription Fees and
charges posted in the registration section of this Site. If there are any
annual, monthly, or similar periodic fees for your subscription, these fees
will be billed automatically to the credit card or checking account designated
during the registration process for ParentOrganizer or subsequently designated
to ParentOrganizer, at the start of the annual, monthly or similar period, and
at the start of each renewal period, unless you terminate your subscription
before the relevant period begins. You agree to pay or have paid all fees and
charges incurred in connection with your user name and password for
ParentOrganizer (including any applicable taxes) at the rates in effect when
the charges were incurred. All fees and charges are nonrefundable.
ParentOrganizer, Inc. may change the fees and charges then in effect, or add
new fees or charges, by giving you notice in advance. All fees and charges
incurred in connection with your user name and password will be billed to the
credit card or checking account designated during the registration process for
ParentOrganizer or subsequently designated to ParentOrganizer, Inc. If you want
to designate a different credit card or bank account or there is a change in
credit card validity or expiration date, or if you believe someone has accessed
ParentOrganizer using your user name and password without your authorization,
you must call Customer Service. You also are responsible for any fees or
charges incurred to access ParentOrganizer through an Internet access provider
or other third party service. YOU, AND NOT PARENTORGANIZER, ARE RESPONSIBLE FOR
PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD OR CHECKING ACCOUNT BY A THIRD
PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
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Insufficient funds
Each Member shall be responsible for all payments that
such Member undertakes through ParentOrganizer. In the event that any check or
other payment is returned on the basis of insufficient funds, immediately upon
notice from ParentOrganizer of such dishonored payment, such member shall
reimburse ParentOrganizer for the amount of such dishonored payment, together
with any bank charges incurred by ParentOrganizer and a dishonored payment fee
of $10 (collectively, the "Dishonored Payment Charges"). The foregoing will
apply regardless of whether the Member's child participates in the event for
which payment is made unless the school or organization overseeing the event is
able to provide or obtain a refund. In any event, however, the Member will
remain liable for all Dishonored Payment Charges.
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Links to Third-Party Sites.
The ParentOrganizer Sites may contain links or produce
search results that reference links to third-party Web sites ("Linked Sites").
ParentOrganizer has no control over these Linked Sites or their content.
ParentOrganizer cannot and does not guarantee, represent, or warrant that the
content in the Linked Sites, including, without limitation, other links, is
accurate, legal, and/or inoffensive. ParentOrganizer does not endorse the
content of any Linked Site, nor does ParentOrganizer warrant that a Linked Site
will not contain computer viruses or other harmful code that can impact your
computer or other Web-access device. By using the ParentOrganizer Sites to
search for or link to another site, you agree and understand that such use is
entirely at your own risk, and that you may not make any claim against
ParentOrganizer for any damages or losses whatsoever resulting from such use.
However, if you experience a problem with a Linked Site, please let us know at
info@parentorganizer.com we will investigate the link and take appropriate
action.
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No Unlawful or Prohibited Use.
As a condition of your use of the ParentOrganizer Sites,
you warrant to ParentOrganizer that you will not use the ParentOrganizer Sites
for any purpose that is unlawful or prohibited by these TOU. You agree not to
use the ParentOrganizer Sites in any manner that could damage, disable,
overburden, or impair the ParentOrganizer Sites or interfere with any other
party's use and enjoyment of the ParentOrganizer Sites. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the ParentOrganizer Sites.
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Use of Communication Services.
Through the ParentOrganizer Sites, we may provide access
to a wide variety of discussion forums, bulletin boards, chat areas, news
groups, and/or other message or communication facilities (collectively
"Communication Services"). PARENTORGANIZER HAS NO OBLIGATION TO MONITOR THE
COMMUNICATION SERVICES AND IS MERELY PROVIDING ACCESS TO SUCH CONTENT AS A
SERVICE TO YOU. However, ParentOrganizer reserves the right to review materials
posted through the Communication Services and to remove any materials in its
sole discretion. It is possible that some content contained or posted through
the Communication Services may be offensive, harmful, inaccurate, mislabeled,
deceptive or otherwise inappropriate. ParentOrganizer does not endorse or
support any opinions expressed through the Communication Services, nor does it
represent or guaranty the truthfulness or accuracy of any information posted
through the Communication Services. PARENTORGANIZER DISCLAIMS ANY LIABILITY
WITH REGARD TO THE COMMUNICATION SERVICES AND ANY PARTICIPATION THEREIN IS
SOLELY AT YOUR OWN RISK. ParentOrganizer reserves the right to terminate your
access to any or all of the Communication Services at any time, without notice,
for any reason whatsoever.
Communication Services Rules of Conduct.
You are responsible for your own communications and any
consequences thereof. You may only use the Communication Services to send and
receive messages and material that are legal, proper and related to the
particular topic. While on this Site, you may not:
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Impersonate another person or entity or post, publish, upload, submit or in any
way distribute, transmit or disseminate (collectively "Post") any message
anonymously or under a false name;
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Defame, harass, threaten, stalk, abuse or otherwise violate the legal rights
(such as the rights of privacy and publicity) of others;
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Post any obscene, pornographic or profane material or fraudulent or unlawful
information;
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Post any information that is fraudulent or that violates any law, statute,
ordinance, or regulation (including, without limitation, those governing export
control, consumer protection, unfair competition, anti-discrimination, or false
advertising);
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Post any material that infringes any patent, copyright, trademark, trade
secrets of any party (including links to other sites links) or violates the
rights of publicity or privacy of any party (collectively, "Intellectual
Property"), unless you are the owner of the Intellectual Property or have the
express permission of the owner to post or transmit such material;
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Post any corrupted files, files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, or other computer-programming routines that are
intended to damage, detrimentally interfere with, surreptitiously intercept, or
expropriate any system, data, or personal information;
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Engage in any commercial activities, including advertising or offering to sell
any goods or services;
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Post chain letters, pyramid schemes, surveys, contests, charity requests or
petitions for signatures;
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Post any material or information that could create liability for
ParentOrganizer, or cause ParentOrganizer to lose (in whole or in part) the
services of our ISPs or other suppliers
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Spam* (see definition below); or
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Interfere with, restrict or inhibit other users of this Site.
* ParentOrganizer defines "Spam" as the sending of messages, individually or en
masse, to people who did not request it and or would not otherwise choose to
receive it regardless of whether sent by a business, an individual or a
nonprofit.
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Privacy and Disclosure of Information.
We believe your privacy and the privacy of all our users
is important. Please review our Privacy Policy.
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Ownership of Submitted Content.
You agree that any and all information you provide to
the ParentOrganizer Sites, becomes the exclusive property of ParentOrganizer,
and you retain no copyright or other intellectual property rights with respect
to such postings or submissions. You irrevocably assign all rights of
ownership, including without limitation, intellectual property rights, to
ParentOrganizer upon submission of the information.
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Disclaimer.
ParentOrganizer does not warrant that the
ParentOrganizer Sites will be error-free or secure or that services through or
use of the ParentOrganizer Sites will be uninterrupted, or that the
ParentOrganizer Sites will provide specific results from your use of any
content, search, or link on them. The ParentOrganizer Sites and all content
within them are delivered on an "AS IS" and "AS AVAILABLE" basis.
ParentOrganizer does not warrant or represent that files you download from the
ParentOrganizer Sites will be free of viruses or other harmful features, and
any such downlaod is done at your own risk. PARENTORGANIZER DISCLAIMS ALL
WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR
PURPOSE.
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Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR
NEGLIGENCE, WILL PARENTORGANIZER BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF PARENTORGANIZER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE
PARENTORGANIZER SITES. IN NO EVENT SHALL PARENTORGANIZER'S AGGREGATE LIABILITY
TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE
PARENTORGANIZER SITES EXCEED THE TOTAL AMOUNTS, IF ANY, PAID BY YOU TO
PARENTORGANIZER FOR SERVICES PROVIDED BY PARENTORGANIZER DIRECTLY TO YOU
THROUGH THIS SITE).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN
SECTIONS 9 AND 10 ABOVE MAY NOT APPLY TO YOU.
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Indemnity.
You agree to indemnify and hold ParentOrganizer and its
subsidiaries, affiliates, officers, directors, agents, and employees harmless
from any claims, losses, damages or other liabilities , including reasonable
attorneys' fees incurred in connection therewith, arising from or related to
your breach of this TOU, including the documents it incorporates by reference,
or your violation of any law or the rights of a third party.
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General.
The TOUare governed in all respects by the laws of the
State of Washington without giving effect to such State's conflicts of law of
provisions. In the event of any legal action between ParentOrganizer and you,
you agree to submit to jurisdiction by and venue in the state and federal
courts in the State of Washington, and further agree that any cause of action
arising under the TOU shall be brought in such venue. If any provision of the
TOU is held by a court of competent jurisdiction to be invalid or
unenforceable, such provision shall be enforced to the greatest extent
permissible by law and the remaining provisions shall remain in full force and
effect. Headings are for reference purposes only and in no way define, limit,
construe, or describe the scope or extent of such section. ParentOrganizer's
failure to act with respect to a breach by you or others does not waive its
right to act with respect to subsequent or similar breaches. This TOU sets
forth the entire understanding and agreement between ParentOrganizer and you
with respect to the subject matter hereof, and supersedes any prior or
contemporaneous understanding, whether written or oral.
ParentOrganizer: Copyright 2001 ParentOrganizer, Inc.
All rights reserved.
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