PARENTING COUNTS TERMS OF USE
A. General Terms and Conditions
Applicable to Entire Site
B. Additional Terms and
Conditions Applicable to Parenting Counts Marketplace
C. Additional Terms and
Conditions Applicable to
D. Contact Information
Welcome to the Parenting Counts website (the "Site"), which includes the
Parenting Counts Marketplace and the
Please read these terms and conditions carefully before using the Site. Your use
of our Site confirms your unconditional acceptance of the following terms and
conditions. You represent and
warrant that you are at least 18 years of age and that you possess the legal
right and ability to agree to these Terms of Use.
If you do not accept these terms and conditions, you must not use the Site.
A. GENERAL TERMS AND CONDITIONS
FOR ENTIRE SITE
Informational Use Only:
NOTHING CONTAINED IN THIS SITE IS OR SHOULD BE CONSIDERED, OR USED AS A
SUBSTITUTE FOR, MEDICAL OR PSYCHOLOGICAL ADVICE, DIAGNOSIS OR TREATMENT. The information contained on or
provided through this Site is intended for general consumer understanding and
education only.
IF YOU HAVE A MEDICAL OR PSYCHOLOGICAL ISSUE OR CONCERN ABOUT YOURSELF OR YOUR
CHILD, YOU SHOULD SEEK THE ADVICE OF A QUALIFIED DOCTOR AS SOON AS POSSIBLE. Do not delay seeking professional
advice because of something that you have read on this Site, a Parenting Counts
book or another product that you purchased from us.
Your Account:
You may use certain parts of the Site without setting up an account. Other parts of the Site, including the
Parenting Counts Marketplace and the
You agree to provide accurate, current, and complete information in setting up
your account on the Site. By making
purchases from the Parenting Counts Marketplace or otherwise providing payment
information to us, you represent that you are authorized to use the credit card
you submit for payment and that you reside in the
You must be 18 years of age or older to sign up for the Parenting Counts service
or purchase products from Parenting Counts.
The Site is only intended for use by individuals over age 18.
You are the only person who is authorized to use your Parenting Counts account. You agree not to reveal your account
information, including your Parenting Counts username and password, to anyone
else or let anyone else use your account.
You are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account and
password. You shall immediately
notify Parenting Counts of any unauthorized use of your account or loss or
disclosure of your password.
Parenting Counts reserves the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in its sole discretion.
Privacy:
Please review our Privacy Policy, which also governs your visit to the Site, to
understand our practices regarding collection and use of personal information.
Electronic Communications:
You consent to receive communications from us electronically. We will
communicate with you by e-mail or by posting notices on this Site. You agree
that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
Copyright:
Except for content posted by users in the
You agree not to use the Site in any way whatsoever except as specifically
authorized in these Terms of Use.
Unauthorized use may infringe the intellectual property rights of Parenting
Counts and its licensors and subject you to civil and criminal penalties,
including possible monetary damages.
Permission Requests:
Talaris allows copying, display, public performance or any kind of business or
commercial use of the Site and any of its content only with express written
permission. To be considered for
permission, please contact
info@talaris.org with your request.
Trademarks:
The words PARENTING COUNTS and TALARIS INSTITUTE, the Parenting Counts logo, and
the Talaris Institute logo are trademarks of Talaris Institute. These trademarks may not be used for
any purpose without the prior written permission of Talaris Institute. Any other trademarks used in particular
Site content or products offered on the Site (including any book titles, product
names or product logos) are the property of or under license to the respective
author or owner and may not be used without the prior written permission of such
party.
Reference to any products, services, processes, or other information, by trade
name, trademark, manufacturer, supplier, or otherwise does not constitute or
imply endorsement, sponsorship or recommendation thereof by Parenting Counts or
Talaris.
Disclaimers:
THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA
DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR OWN
RISK. The Site, its content, and its
products are not a substitute for any professional assistance that you or your
child may need, such as medical advice, psychological counseling, or legal
advice.
YOU AGREE THAT WE SHALL NOT BE LIABLE TO ANY USER OR ANYONE ELSE FOR ANY
DECISION MADE OR ACTION TAKEN BY BASED ON RELIANCE UPON THE INFORMATION
CONTAINED ON OR PROVIDED THROUGH OUR SITE OR THE PRODUCTS OR CONTENT ON IT.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE.
WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR
TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT
AND DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOUR CONTENT OR DATA WILL BE
RETAINED.
Limitation of Liability:
IN NO EVENT SHALL TALARIS INSTITUTE OR PARENTING COUNTS, THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, LICENSORS,
SUCCESSORS, ASSIGNS, RETAIL PARTNERS OR ANY PARTY INVOLVED IN THE CREATION,
PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY
DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS
OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE
MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES. THIS LIMITATION APPLIES REGARDLESS OF
WHETHER ANY CLAIM IS BASED IN WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT PARENTING COUNTS OR TALARIS INSTITUTE WAS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations of liability do not
apply to the extent prohibited by law. Please
refer to your local laws for any such prohibitions.
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR
SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH
THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU
AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS
OR SUPPLIER OF SUCH SERVICES IN ACCORDANCE WITH SUCH MANUFACTURER'S OR
SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES
IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
Indemnification:
YOU AGREE TO INDEMNIFY US, AND ANY OF OUR SUCCESSORS, ASSIGNS, LICENSORS,
LICENSEES OR CONTRIBUTORS, TOGETHER WITH ANY OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, BOARD MEMBERS, AND EMPLOYEES, AGAINST ANY DAMAGES, LOSSES,
LIABILITIES, JUDGMENTS, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES
AND COSTS) ARISING OUT OF A CLAIM BY A THIRD PARTY RELATING TO YOUR USE OF THE
SITE, OR ANY BREACH OR VIOLATION OF THESE TERMS OF USE OR ANY OTHER TERM OR
CONDITION CONTAINED ON THE SITE BY YOU.
Revisions to These Terms of Use:
We reserve the right to change or modify any of the terms and conditions
contained in our Site Terms or any policy or guideline of the Site, at any time
and in our sole discretion. If you
have a Parenting Counts account, we will send you notice by email or otherwise
give you notice of any major changes to these Terms of Use.
Any changes or modification shall be
effective upon posting of the revisions and notice of such changes to the Site.
Your continued use of this Site following the posting of its changes or
modifications shall constitute your acceptance of such changes or modifications.
Therefore, you should frequently review these Terms of Use and applicable
policies from time-to-time to understand the terms and conditions that apply to
your use of the Site.
Applicable Law and Venue:
The laws of the State of Washington, without regard to its conflict of laws
provisions, shall govern these Terms of Use and any use by you of the Site. The venue and jurisdiction for any
dispute between you and us shall be the state and federal courts of King County,
Washington, USA.
Access to Site and Termination of Access:
We reserve the right, without notice and in our sole discretion, to modify or
discontinue this Site or your access to it, and to block or prevent future
access to and use of the Site.
In the event that you fail to follow these Terms of Use, or we reasonably
believe that you have failed to follow them, Parenting Counts may: terminate
these Terms of Use and your Parenting Counts account; terminate any license
granted to you to use the Site or its content; and/or exercise any other legal
right or remedy available to Parenting Counts.
In the event that these Terms of Use are terminated either by you or Parenting
Counts, you agree to refrain from any further use of the Site whatsoever.
All rights and obligations of either party under these Terms of Use which, by
their nature, would survive its termination or expiration, including the
sections titled Copyright, Disclaimers, Limitation of Liability and
Indemnification, shall survive its termination or expiration and continue in
effect.
Miscellaneous:
Failure to enforce any rights granted in these Terms of Use shall not be deemed
a waiver as to subsequent enforcement of such rights. If any provision of these Terms of Use
shall be invalid, illegal or unenforceable, it shall, to the extent possible, be
modified in such manner as to be valid, legal and enforceable but so as to most
nearly retain the intent of the parties, and if such modification is not
possible, such provision shall be severed.
In either case the validity, legality and enforceability of the remaining
provisions of these Terms of Use shall not in any way be affected or impaired.
B. ADDITIONAL TERMS AND
CONDITIONS APPLICABLE TO PARENTING COUNTS MARKETPLACE
Products, Content and Specifications:
Parenting Counts attempts to be as accurate as possible in the provided product
descriptions in the Parenting Counts Marketplace. However, we do not warrant
that product descriptions or other content of this Site is accurate, complete,
reliable, current, or error-free.
All features, content, specifications, products and prices of products and
services described or depicted on this Web Site are subject to change at any
time without notice. The inclusion of any products or services in the Site at a
particular time does not imply or warrant that these products or services will
be available at all times.
Shipping Limitations:
When an order is placed, it will be shipping to an address designated by the
purchaser as long as that shipping address is compliant with the shipping
restrictions contained on the Site. All purchases from the Site are made
pursuant to a shipment contract. As a result, risk of loss and title for items
purchased from the Site shall pass to you upon delivery of the items to the
carrier. You are responsible for filing any claims with carriers for damaged
and/or lost shipments.
Return Policy:
The return policy for products purchased in the Parenting Counts Marketplace is
described in the Parenting Counts Return Policy, which is accessible through the
following link:
[ADD LINK TO RETURN POLICY]
.
C. ADDITIONAL TERMS AND
CONDITIONS APPLICABLE TO PARENTING COUNTS CENTER
Registration and Payment for Service:
You agree to provide certain personal information during the sign-up process for
a Parenting Counts Center membership, and you agree to keep the information
current for as long as you have a Parenting Counts Center membership. There is currently no charge to use the
parenting timelines, view content, upload your own content, and use all of the
other Parenting Counts Center functionality.
Parenting Counts reserves the right to impose a subscription fee for some
or all of this functionality in the future, but it will notify you before doing
so and you will have the option to continue or cancel your membership at that
time.
There is also currently no fee to use content storage capacity that should be
sufficient for the average Parenting Counts Center member. Parenting Counts reserves the right to
charge an additional storage fee to members who use large amounts of storage
space (e.g. store lengthy high-definition video files) on our Site.
Any fees paid to Parenting Counts are nonrefundable. You are responsible for paying any
governmental taxes imposed on your use of the Parenting Counts Center, including
any sales or use taxes.
Use of Service:
You may use the Parenting Counts Center only in accordance with the following
terms:
•
You may access and review Parenting Counts videos or other content about
parenting and your child's development solely for your own personal use.
•
You may also upload certain content about your child to the Site, and you
may allow others to access the content and download it.
•
You may not upload or transmit any content or information of any
type that infringes or violates any rights of any party, including intellectual
property, privacy or publicity rights.
•
You may not post material that is unlawful, obscene, defamatory,
threatening, harassing, abusive, slanderous, hateful, or embarrassing to any
other person or entity as determined by Parenting Counts in its sole discretion.
•
You may not post advertisements or any other business
communications.
•
You may allow others access to your content that you post on the
Parenting Counts Center, but you may not publicly perform, display, copy
or distribute any of the Parenting Counts videos.
•
You may not quote or excerpt any Parenting Counts content in any
written materials without the prior written permission of both Parenting Counts
and the content's author.
•
You may not modify any Parenting Counts content or create
derivative works based on any content or any part of the content in the
Parenting Counts Center.
•
You must follow all federal, state, and local laws and regulations that
may apply to your use of the Parenting Counts Center.
Preservation of Your Content and Information:
The Parenting Counts Center allows you to post and save certain content and
information to the Site, such as photos and videos of your child and/or your
child's height/weight records. The
Parenting Counts Center is intended to facilitate the collection and sharing of
such information, but it is not intended to be the sole storage facility for any
of your content or information. WE
DO NOT GUARANTEE THAT ACCESS TO YOUR CONTENT OR INFORMATION WILL ALWAYS BE
AVAILABLE, OR THAT IT WILL BE FREE FROM SYSTEM ERRORS, DATA CORRUPTION OR
ACCIDENTAL DELETION OR LOSS CAUSED BY YOU OR US.
You agree to keep a backup copy of all content and information that you
store on the Site.
Territory:
The Parenting Counts Center is currently available only in the United States.
You agree not to use, access or attempt
to use or access the Parenting Counts Center from outside of the United States.
Notice of Copyright Infringement For Materials Posted on the Site:
Parenting Counts respects the intellectual property rights of others. If you believe that your copyrights or
other intellectual property rights are being infringed by materials posted on
the Site, please provide Parenting Counts with the following notice and
information in accordance with the Digital Millennium Copyright Act:
1. A statement that you
believe material that infringes your rights has been posted on the Site.
2. A description of the
copyrighted work or other intellectual property that you claim has been
infringed, with sufficient detail for Parenting Counts to identify it. Please include title, author name,
creation date, publication date, and publisher (if applicable).
3. A description of where the
material that you claim is infringing is located on the Site, with sufficient
detail to allow us to locate it.
4. Your contact information,
including your address, telephone number, and e-mail address.
5. A statement by you that you
have a good faith belief the disputed use is not authorized by the copyright
owner, its agent, or the law.
6. A statement by you, made under
penalty of perjury, that the above information is accurate and that you are the
copyright or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
7. Your signature.
Send the notice to Parenting Counts at the following address and fax number:
Parenting Counts
c/o Talaris Institute
P.O. Box 45040
Seattle, WA 98145
Fax: (206)
859-5699
In order to notify the member or user who has posted the allegedly infringing
content that Parenting Counts has removed it, Parenting Counts may forward a
copy of the notice and information above that you provide, including your name
and address, to the member or user.
D. CONTACT
If you have any questions about these Terms of Use,
the practices of this Site, or your dealings with this Site, please contact:
Parenting Counts
c/o Talaris Institute
P.O. Box 45040
Seattle, WA 98145
phone: 206-859-5600
info@ParentingCounts.org
Revised June 2010