Effective October 19, 2015
Use of Website. This Website is intended for people at least 18 years of age, and if you are under 18 years old then you represent and warrant that you have permission from your parent or guardian to use the Website. If you are under the age of 13, you may not use this Website. If you access the Website from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access the Website. By accessing and using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are 18 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. By using the Website, or tools or applications for communicating, posting or creating content, you agree to post material that is proper and related to the forum presented by the particular area of the Website.
Accounts. Members: In order for you to rate and/or review any businesses on the Website, you will have to register for a free account with us, and to do so must provide us with certain information, including but not limited to your name and an accurate, working email address. You will be able to choose a password, and it is your responsibility to keep your login information secure. ParentNation cannot be held liable for any loss or damage arising from your failure to keep these secure. You must notify us if your email address changes, or if you suspect that an unauthorized person has gained access to your account information. You may stop using the website at any time, but your information, including any ratings and reviews that you have given businesses, will remain viewable on the Website, unless you expressly request that this information be deleted from view by email to email@example.com. Even still, this information will be held in the ParentNation database and you agree to allow us to continue to hold it. ParentNation may, at its sole discretion, terminate your account and remove all information relating to it from the Website.
Business Members: In order for you to create a profile on the Website (including your website and contact information), you must register for an account. In order to use the PRO membership features (such as the PRO business dashboard and the ability to respond to the member reviews), you must create a paid PRO Account. Businesses must provide us with your business name and full contact information, as well as a credit card that will be billed monthly by a third-party service provider (for PRO Accounts). By registering with ParentNation and providing us with your credit card information, you warrant and represent that you are authorized to both sign up with ParentNation and incur charges on the credit card you submit to us. It is your responsibility to keep your login information secure. ParentNation shall not be liable for any loss or damage arising from your failure to keep these secure. You must notify us if any of your contact or payment information changes, or if you believe an unauthorized person has gained access to your account. You may cancel your paid membership or stop using your free account at any time, but your business contact and other information, including ratings and reviews, will remain viewable on the Website. ParentNation may, in its sole discretion, terminate your account and remove all information relating to it from the Website.
Communications from us. In creating an account, you may agree to receive emails from ParentNation and/or our partners. You can opt-out of these emails at any time by following the instructions in the email(s). Opting out of marketing emails does not preclude ParentNation from contacting you via email regarding your account if necessary.
Payment for Services. All payments are made by business members to ParentNation through a third-party credit card processing site. PRO membership accounts are charged on a monthly basis until the account is terminated. ParentNation does not provide pro-rata refunds for cancellations during a month (the membership will end on the last day of the paid month). ParentNation may send you email notifications of upcoming automatic payments, but we do that solely as a courtesy and may not send you an email every month. Our failure to email you a notification is not a waiver of our right to collect the monthly account fee. If your credit card is declined, you authorize ParentNation to make up to five (5) attempts to charge your credit card. If you submitted alternative payment methods, then ParentNation may attempt to charge those credit cards. If all payment methods are unavailable, then ParentNation may immediately terminate your account access, report your delinquency to credit bureaus, and/or take steps (including legal action) to collect the amounts due. You are responsible for notifying ParentNation immediately of any changes to your credit card number, expiration date or billing address, or if your credit card has expired or is canceled for any reason. You will be responsible for any collection, legal or other fees incurred in receiving payment.
Fees. ParentNation charges a monthly fee only for a Business PRO membership account, as listed on the website. There is no fee charged for a Business Basic membership. Fees are subject to change at our sole discretion, and you will be notified of any planned price changes.
External Links. The Website may provide links to other websites that are not maintained or controlled by us ("Linked Sites"). The inclusion of any hyperlinks to Linked Sites does not imply our approval or endorsement of those Linked Sites, or content, products or services offered on those Linked Sites. We expressly disclaim any responsibility for the content, copyright compliance, accuracy of the information, and/or the quality of goods or services provided by or advertised on any Linked Sites, and in no event shall we be held responsible or directly or indirectly liable for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any Linked Sites.
Feedback. While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of ParentNation, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, ParentNation may use or redistribute any such submission and its contents for any purpose and in any way we deem appropriate.
User Content. We allow users to submit communications to the Website, including profile and business information, as well as reviews of businesses. You are solely responsible for any message or other information, video, text, software, scripts, graphics, photos, sounds, music, audiovisual combinations, interactive features, comments, posts, statements and other materials you may view on, access through, or contribute to the Service (collectively, “Content”) or that you submit to the Website, and you agree that all Content will be original and created by you (or you have permission to reuse such Content). You agree to use the Website and/or Services in a manner consistent with all applicable laws and regulations. By submitting Content to the Website, you hereby agree that:
- You grant us a perpetual, non-exclusive, fully paid, worldwide license to use, edit, modify, display and perform such Content in whatever means we deem appropriate, including after your account is inactivated or terminated, as explained above (for whatever reason);
- You shall be solely responsible for your own Content and the consequences of submitting and publishing the Content through the Service;
- You are affirming, representing, and warranting that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit, if such Content is not owned one hundred percent (100%) by you;
- You understand that the Website and Service are intended for public use and not private communications, and you have no expectation of privacy with regard to any communication you might make or Content you may submit through the Service. Furthermore, you are aware that ParentNation cannot guarantee the security of any information you disclose via the Website or Service and any contribution is done at your own risk;
- You agree to be solely liable for your Content and all materials and information contained in it. You hereby waive any moral rights that you may have in your Content in favor of ParentNation and anyone acting with the authorization of ParentNation.
- By participating on the Website and/or accessing the Service, you consent to ParentNation’s and its agents’ and designees’ use of your name, Facebook ID, Twitter handle, Google+ ID, profile pictures, image, likeness, photograph and any other attributes of your persona in any and all media now known or hereafter developed, including but not limited to the Internet (including on the Website and on third party social media websites) and mobile applications, worldwide, in perpetuity, without additional payment, compensation or further notification to or permission from you, except where prohibited by law, or by the terms and conditions of any applicable websites.
- YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THE MATERIAL AND/OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER, MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
- is patently offensive and/or promotes racism, bigotry or hatred, or promotes violence against any group or individual, or
- harasses or advocates harassment of any group or individual, or
- involves the transmission of junk mail, chain letters, or spam, or
- is known to be false or misleading, slanderous, or promotes illegal activities, or
- promotes an illegal or unauthorized copy of another’s copyrighted work, or
- contains restricted or password-only access pages or hidden pages or images, or
- provides material that is sexual in nature, or
- provides instructional information about illegal activities, or
- solicits passwords or personal identifying information for commercial or unlawful purposes, or
- contains a review for an event/activity/service that took place more than 12 months prior to the review being posted, or
- advertises or solicits funds, goods or services, or
- is confidential in nature.
In addition to the above, businesses members are bound by the following restrictions, and agree:
- that neither you, your employees, your spouse, your children or other close friends or relatives will write a review about your own business or a competitor, and
- that you will not pay anyone any form of compensation to review your business or any other business, and
- that you will upload media (photos, videos, etc.) that are solely related to your business and that you hold the copyright for the media uploaded, and
- that you will not post reviews that are collected or composed by third-party vendors on your behalf.
Copyright Infringement. ParentNation is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. ParentNation will undertake appropriate steps against copyright repeat offenders.
If you are a copyright owner or an agent thereof and believe that any user submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Service are covered by a single notification, a representative list of such works that appear within the Service;
- 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;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ParentNation will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, ParentNation will act expeditiously to remove or disable access to any Content claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to Content or activity that is claimed to be infringing.
ParentNation may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to ParentNation’s designated agent (the "Designated Agent") that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which ParentNation may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by mailing all required documentation to 29 Chase Road, #188, Scarsdale, NY 10583 or by email to firstname.lastname@example.org with the words “Attn Copyright Infringement Designated Agent” in the subject line.
Disclaimer of Warranties. PARENTNATION MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE AND/OR SERVICES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEBSITE AND/OR SERVICES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE AND/OR SERVICES. ALL INFORMATION AND USE OF THE WEBSITE AND/OR SERVICES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE AND/OR SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE AND/OR SERVICES IS SOLELY AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS, OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION.
The Service may contain the opinions and views of other users. Given the user-generated Content available through the Service and its interactive nature, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any Content made available through the Service.
Limitation on Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR SERVICES, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT PARENTNATION SOLELY PROVIDES A FORUM FOR ITS USERS, AND THAT PARENTNATION IS NOT RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOUR RELATIONSHIP WITH ANY OTHER PERSON OR USER OF THE WEBSITE, INCLUDING ANY PARENT, CAREGIVER OR BUSINESS, INCLUDING PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE. IN ADDITION TO THE FOREGOING, YOU AGREE THAT PARENTNATION’S LIABILITY SHALL NOT EXCEED AND SHALL BE LIMITED TO THE AMOUNTS PAID TO PARENTNATION BY YOU OVER THE 1 MONTH PRIOR TO ACCRUAL OF THE CAUSE OF ACTION OR $9.95 WHICHEVER IS LESS.
Dispute Resolution. To expedite resolution and reduce the cost of any dispute, controversy or claim related to these Terms ("Dispute"), you agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Company. You must provide written notice to ParentNation at ParentNation LLC, 29 Chase Road, #188, Scarsdale, NY 10583 with an email copy sent to email@example.com. You agree that you waive all claims you may have against ParentNation arising out of any cause of action if you do not first attempt to negotiate the dispute according to this section.
If you and ParentNation are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Website and/or Services (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR JUDGE. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and ParentNation may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The prevailing party will be entitled to reasonable attorney’s fees, as well as reimbursements for necessary costs related to the arbitration. All arbitration shall take place in Westchester County, New York.
EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Westchester County, New York with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You agree that any arbitration will be limited to the Dispute between ParentNation and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND PARENTNATION ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND PARENTNATION OTHERWISE AGREE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.