TERMS OF USE

These Terms of Use (“Terms”) govern access to and use of Parenting with Purpose, LLC’s (“Parenting with Purpose,” “we” or “us”) website located at www.ourfamilyculture.org (the “Site”) by Site visitors (“Site Visitors”).  Any services sold or provided by Parenting with Purpose (“Services”) to customers (“Customers”) through the Site shall be the subject to such separate terms as the Customer and we agree to (each a “Customer Agreement”), which such Customer Agreement shall be governed by these Terms.  In the event of a conflict between these Terms and a Customer Agreement, the terms of the Customer Agreement will control.  Each Customer may designate “Authorized Users” who are permitted to access and use the Site under Customer’s account, subject to these Terms. Customers, Site Visitors, and Authorized Users may be referred to in these Terms as “you” and “your” as applicable.  For the avoidance of doubt, all references to the “Site” in these Terms also include any Services offered through the Site. 

  1. Acceptance of Terms.

Please check these Terms periodically for changes.  If you do not agree to the Terms, please do not use the Site.  By using the Site, you acknowledge that you have read, understood and agree to these Terms.  Your continued use of the Site following the posting of any changes to the Terms constitutes acceptance of those changes.

  1. Credentials & Passwords.

You agree that at all times you shall keep confidential, maintain and control all user names and passwords used to limit your, and your access to the Site, and that you are exclusively responsible for all activities that occur in connection with such user names and passwords.  You agree to immediately notify Parenting with Purpose of any disclosure to, or use of, any such usernames or passwords by any other individual.  Parenting with Purpose will not be liable for any loss or damage of any kind, under any legal theory, caused by your failure to comply with the foregoing obligations.

  1. Privacy Policy.

Any information, including personal information (e.g., your name, address, telephone number, e-mail address), that you transmit to any Site will be used by us in accordance with our Privacy Policy, which can be found at www.ourfamilyculture.org/privacy.

  1. Eligibility; Use of the Site.

4.1.          Eligibility to Use the Site.  By using the Site, you represent and warrant that you are 18 years of age or older and competent to agree to these Terms. The Site is not available for use by children.

4.2.          Using the Site on Behalf of a Company or Organization.  If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are competent and authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

4.3.          Limited License. Upon your acceptance of these Terms, you may access and use the Site for your non-commercial personal use, or your internal business purposes (where applicable) and only as expressly permitted in these Terms. You shall not use or permit use of the Site for any illegal purpose or in any manner inconsistent with the provisions of these Terms. If you are or become a competitor of Parenting with Purpose, you may not access or use the Services without Parenting with Purpose’s prior, written consent, and then only for the purposes authorized in writing. Without limiting the foregoing, you may not: (1) interfere with others’ use of the Site; (2) impair any Site’s operation or interfere with or disrupt the servers or networks on which it operates; (3) interfere with Parenting with Purpose’s exercise of its intellectual property rights; (4) frame or otherwise co-brand the Site or any content on the Site; (5) deep-link to any portion of the Site; or (6) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.

  1. Parenting with Purpose Content.

You acknowledge and agree that the Site contains information, such as text, graphics, images, videos, links, and other materials (collectively, the “Parenting with Purpose Content”) that is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.  You agree that as between you and Parenting with Purpose, Parenting with Purpose is the owner of Parenting with Purpose Content.  You may not reproduce, distribute, republish or retransmit any Parenting with Purpose Content or materials posted at any Site except as expressly permitted herein.  Except as expressly authorized by Parenting with Purpose herein, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Parenting with Purpose Content.  Notwithstanding the above, you may print or download one copy of Parenting with Purpose Content or materials on the Site on any single computer for your non-commercial use, provided you keep intact all copyright and other proprietary notices.  Systematic retrieval of data or other Parenting with Purpose Content from any Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Parenting with Purpose is prohibited.

  1. Third Party Sites/Information.

The Site may provide links to, or information gathered from, other sites on the Internet.  Parenting with Purpose makes no representations whatsoever about these sites or this information.  The provision of links to, or information gathered from, other sites on the Internet should not imply Parenting with Purpose’s endorsement of any such sites or any association between Parenting with Purpose and these other sites’ operators.  These sites are not under the control of Parenting with Purpose, and you acknowledge that Parenting with Purpose, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites.  You also acknowledge that Parenting with Purpose, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any sites linked to any Site, or your transmission of information, including personal data, to third-parties through such other sites.

  1. Posting Guidelines.

Parenting with Purpose may host message boards, chats, and other public forums on the Site. You agree not to post any (a) defamatory, abusive, profane, threatening, offensive, or illegal materials or information; (b) statements or materials that constitute junk mail, spam or unauthorized advertising, such as links to commercial products or services or any political campaigning; or (c) any information or material protected by copyright, trademark or other proprietary right without the express permission of the copyright, trademark, or proprietary right owner to do so.  When you post content on the Site or provide information to Parenting with Purpose, such as reviews or survey feedback (“Content”), it belongs to you; however, you grant permission to Parenting with Purpose to use that Content in connection with the Site and any Services used by you.  Accordingly, you grant Parenting with Purpose a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, commercialize, create derivative works of, and otherwise exploit such Content in connection with the Site and any Services used by you.  You represent and warrant that you have all the necessary rights to grant Parenting with Purpose the foregoing license for all content you submit in connection with the Site and will indemnify us for any breach of this representation and warranty.  For the sake of clarity, “Content” does not include “End-User Data” (defined in Section 8 below).

  1. End-User Data.

When you provide information to Parenting with Purpose about yourself, (“End-User Data”), or authorize an Authorized User to submit End-User Data to Parenting with Purpose on your behalf, it belongs to you; however, you grant permission to Parenting with Purpose to use that End-User Data in connection with the Services used by you and in accordance with our Privacy Policy. Accordingly, you grant Parenting with Purpose an irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, distribute, transmit, modify, adapt, create derivative works of, and otherwise exploit such End-User Data solely in connection with providing the Services. You represent and warrant that you have all the necessary rights to grant Parenting with Purpose the foregoing license for all End-User Data you submit in connection with the Services and will indemnify, defend (including payment of all attorneys’ fees incurred by us), and hold us harmless from any breach of this representation and warranty.

  1. Parenting with Purpose Disclaimer of Warranties.

THE SITE, AND ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, AND SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE.  EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE AND SERVICES ARE PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PARENTING WITH PURPOSE, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CONTENT ON THE SITE OR FROM OTHER USERS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  IN ADDITION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL PARENTING WITH PURPOSE, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT,  PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PARENTING WITH PURPOSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, WITHOUT LIMITATION, ANY THAT RESULT FROM: (I) THE USE OF, OR INABILITY TO USE, ANY SITE; (II) YOUR RELIANCE ON ADVICE, INFORMATION, OR OTHER CONTENT ON THE SITE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING END-USER DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (VI) ANY OTHER MATERIAL RELATING TO THE SITE.  PARENTING WITH PURPOSE, ITS AFFILIATES AND ITS LICENSORS SHALL ONLY BE LIABLE TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE PURCHASE PRICE RECEIVED BY PARENTING WITH PURPOSE FOR THE PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PARENTING WITH PURPOSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES PARENTING WITH PURPOSE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 

  1.  

You agree to defend, indemnify and hold Parenting with Purpose and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all third party claims, demands,  and actions and all associated liabilities, damages, costs, expenses and fees, including attorneys’ fees, made by any third party that arise from (a) your access to or use of the Site; (b) violation of these Terms by you or any of your Authorized Users, as applicable; (c) a claim that the Content or Customer Data infringe, misappropriate or otherwise violate the intellectual property or proprietary rights of a third party, or (d) a claim you do not have authority to deliver the Customer Data to us or grant to us the rights to such Customer Data set forth in these terms. Parenting with Purpose reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Parenting with Purpose in asserting any available defenses.  You will not settle any claim subject to indemnification without the prior, written consent of Parenting with Purpose.

  1. International Use.

Parenting with Purpose is headquartered in the United States and your End User Data may be stored and processed by Parenting with Purpose in the United States. Site Visitors, Customers, and Authorized Users who access the Site from outside the United States are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply will all applicable laws regarding the collection and transmission of End User Data.

  1. Copyright Policy.

Parenting with Purpose respects the intellectual property rights of others and expects visitors to its Site to do the same.  Parenting with Purpose will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to Parenting with Purpose using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.  Parenting with Purpose reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. Parenting with Purpose may also terminate a repeat infringer’s Account. Parenting with Purpose’s designated copyright agent for notice of alleged copyright infringement appearing on the Site can be reached at support@theskykey.com. 

  1. Modifications to Service.

Except as set forth in an applicable Customer Agreement, Parenting with Purpose reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or some or all of the content or services offered through the Site, with or without notice.  You agree that Parenting with Purpose shall not be liable to your or to any third party for any modification, suspension or discontinuance of the Site or some or all of the services offered through it.

  1. Governing Law and Jurisdiction. These Terms, Parenting with Purpose Privacy Policy, and any applicable Customer Agreement are governed by the laws of the State of New Jersey without regard to conflict of laws principles.  Any dispute arising out of or relating to these Terms, Parenting with Purpose Privacy Policy, or any applicable Customer Agreement shall be resolved in the federal or state courts located in the State of New Jersey, the exclusive jurisdiction and venue of which you consent to for this purpose. 
  2. Severability and Integration.

These Terms, Parenting with Purpose Privacy Policy, and any applicable Customer Agreement constitutes the entire agreement between you and Parenting with Purpose with respect to the Site and Services and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Parenting with Purpose with respect to the Site.  If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

  1. Contact Information.

If have any questions or should you need any additional information about issues relating to the Site, please contact us at info@ourfamilyculture.org.

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