End User License Agreement

This End User License Agreement (“Agreement”) is a binding agreement between you and Parenting with Purpose, LLC (“Parenting with Purpose”), and governs your use of Parenting with Purpose’s Web mobile application and related services and documentation (the “Service”).

BY ACCESSING AND USING THE SERVICE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY THIS AGREEMENT’S TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE SERVICE. 

1. License Grant. Subject to the terms of this Agreement, Parenting with Purpose authorizes you to access and use the purchased Service during the applicable subscription term purchased by you.  You agree to only use the Service for your own internal business purposes, and not to use the Service in a manner that exceeds the use you purchased.
2. License Restrictions.  You will not, and will not permit others, to do the following with respect to the Service: (i) use the Service with external programs in a manner that intentionally circumvents contractual usage restrictions; (ii) license, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any of the Service available for access by third parties; (iii) access the Service for the purpose of developing or operating products or services intended to be offered to third parties in competition with the Service; (iv) disassemble, reverse engineer or decompile the Service; (v) copy, create derivative works based on or otherwise modify the Service, except as otherwise permitted in this Agreement; (vi) remove or modify a copyright or other proprietary rights notice in the Service; (vii) use the Service to reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner; or (viii) use the Service to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or otherwise engage in a malicious act or disrupt its security, integrity or operation.
3. Reservation of Rights.  As between Parenting with Purpose and you, all right, title, and interest in the Service, associated software and documentation, and any and all intellectual property and proprietary rights therein, are owned by Parenting with Purpose.
4. End User Data. You grant Parenting with Purpose, its affiliates, and applicable contractors a worldwide, a limited, revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free license to use or access any End User Data for the purposes of providing the Service.  Subject to the limited licenses granted herein, Parenting with Purpose acquires no right, title or interest from you under this Agreement to any End User Data.  For purposes of this Agreement, the term “End User Data” means any electronic data uploaded by you or someone authorized by you.   Parenting with Purpose will process End User Data in accordance with the terms and conditions set forth in Parenting with Purpose’s Privacy Policy, as may be amended from time to time, which can be found at www.ourfamilyculture.org/privacy. The terms of Parenting with Purpose’s Privacy Policy are incorporated in this Agreement by reference.  By entering into this Agreement you are also agreeing to be bound by the terms and conditions of that Privacy Policy.  Where there is a conflict between the provisions of this Agreement and the provisions of Parenting with Purpose’s Privacy Policy, the terms and conditions of Parenting with Purpose’s Privacy Policy shall control. 
5.                    Disclaimer of Warranties. THE SERVICE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PARENTING WITH PURPOSE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PARENTING WITH PURPOSE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SERVICE OR SYSTEM, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 ‌           6.         Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PARENTING WITH PURPOSE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO END USER’S USE OF OR INABILITY TO USE THE SERVICE FOR:  (I) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND (II) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY END USER FOR THE SERVICE.  THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LAMOTTE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

7. Indemnification. You agree to indemnify, defend, and hold harmless Parenting with Purpose and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Service or your breach of this Agreement, including but not limited to and content or End User Data you submit or make available through the Service.
8.           Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
9. Assignment. Neither party to this Agreement shall assign its rights or obligations under this Agreement without the prior written consent of the other party; provided, however, that a party may, without such consent, assign this Agreement and its rights and obligations hereunder in connection with the transfer or sale of all or substantially all of its business to which this Agreement relates, or in the event of its merger, consolidation, change in control or similar transaction. Any attempted or purported assignment in violation of this Section 9 will be null and void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
10.        General Provisions. This Agreement, including the Parenting with Purpose Privacy Policy, contains our entire agreement with respect to the Service.  Neither this Agreement, nor the rights granted in it, may be assigned by you to a third party without the prior, written consent of Parenting with Purpose.  This Agreement may only be modified by a written amendment signed by both of us.  If any provision of this Agreement is held unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of this Agreement will continue in full force and effect.  This Agreement is governed by the laws of the State of New Jersey without reference to its conflict of law principles.  Any dispute arising out of or relating to this Agreement or the Service shall be brought in the federal or state courts located in the State of New Jersey, the exclusive jurisdiction and venue of which you irrevocably consent to.