Your use of EverydayParenting.com (the “Site”) and EverydayParenting Program (the “Program”) are subject to the following terms and conditions. If you do not agree to these terms and conditions, you may not use the Sites or participate in the Program. Everyday Parenting reserves the right to amend these terms and conditions from time to time without notice. We encourage you to review this page periodically because any changes will be binding on you.
The Site and the Program are intended for persons 18 years old or older. If you are not at least 18 years old, you may not use the Site or the Program. If you are under the age of 18, you may only use the Program with the consent of a parent or guardian.
Everyday Parenting makes information available to you through many means, including but not limited to: content on the Site; through email correspondence and other communications; in videos, books, electronic communications, pamphlets, and other materials; and through contact with Everyday Parenting experts (collectively, the “Parenting Information”). In addition, Everyday Parenting may provide you with recommendations and advice as part of your participation in the Program (the “Recommendations”). The Parenting Information and Recommendations DO NOT REPRESENT MEDICAL OR THERAPEUTIC ADVICE AND ARE NOT INTENDED TO SUBSTITUTE FOR OR SUPERSEDE MEDICAL AND/OR MENTAL HEALTH COUNSELING, DIAGNOSIS, OR TREATMENT FROM A LICENSED MEDICAL PRACTITIONER OR COUNSELOR. While Everyday Parenting offers Recommendations based upon our experience and the information you provide to us, Everyday Parenting is not a health care provider or a counseling service, and we cannot guarantee that any Recommendations we give you are appropriate for your particular situation or are safe for you to follow.
Everyday Parenting does not guarantee the accuracy, completeness, currentness or non-infringement of any of the EverydayParenting Program Information or Recommendations. EverydayParenting Program Information or Recommendations may contain inaccuracies, typographical errors, or information that may become outdated over time. Everyday Parenting assumes no obligation to keep current or update the EverydayParenting Program Information or Recommendations.
THE SITE, THE PARENTING INFORMATION AND RECOMMENDATIONS, AND THE PROGRAM ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE AND THE PARENTING INFORMATION AND RECOMMENDATIONS, AND BY YOUR PARTICIPATION IN THE PROGRAM, THAT YOUR USE AND PARTICIPATION ARE AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ANY CONSEQUENCES OF YOUR USE OR PARTICIPATION, AND THAT, TO THE EXTENT ALLOWED BY LAW, EVERYDAY PARENTING SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OR PARTICIPATION. EVERYDAY PARENTING CANNOT AND DOES NOT GUARANTEE THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM YOUR PARTICIPATION IN THE PROGRAM, OR THAT FOLLOWING ANY OF EVERYDAY PARENTING’S RECOMMENDATIONS WILL BE BENEFICIAL FOR YOU. BY USING THE SITE AND EVERYDAYPARENTING PROGRAM INFORMATION AND RECOMMENDATIONS, AND BY PARTICIPATING IN THE PROGRAM, YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH USE AND PARTICIPATION, AND YOU AGREE TO AND DO RELEASE EVERYDAY PARENTING, ON BEHALF OF YOURSELF AND YOUR HEIRS AND ASSIGNS, FROM ALL CLAIMS, REGARDLESS OF THEIR FORM OR BASIS, ARISING FROM OR RELATED IN WHOLE OR IN PART TO YOUR USE OF THE SITE, THE PARENTING INFORMATION OR RECOMMENDATIONS, OR YOUR PARTICIPATION IN THE PROGRAM.
IN NO EVENT SHALL EVERYDAY PARENTING BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR YOUR PARTICIPATION IN THE PROGRAM, OR FOR ANY ACTION TAKEN BY YOU IN RELIANCE ON ANY EVERYDAY PARENTING PROGRAM INFORMATION OR RECOMMENDATIONS PROVIDED TO YOU BY EVERYDAY PARENTING. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD EVERYDAY PARENTING HARMLESS FROM ANY ACTIONS, CLAIMS, PROCEEDINGS, OR LIABILITIES RELATED TO YOUR USE OF THE SITES OR THE FITNESS INFORMATION OR RECOMMENDATIONS OR YOUR PARTICIPATION IN THE PROGRAM, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES.
Links to Other Sites
The Sites may contain links to other sites which are provided solely as a convenience to you. Everyday Parenting is not responsible for the availability of external sites or resources linked to the Sites, and does not endorse and is not responsible or liable for any policies of such sites, nor any content, advertising, products or other materials on or available from such sites or resources. Any interactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of Everyday Parenting.
Intellectual Property and Limitations on Its Use
The Everyday Parenting mark and logo are trademarks of Everyday Parenting. You agree not to use or display Trademarks without the prior written consent of Everyday Parenting or the owner of such mark. The Site and its content is the property of Everyday Parenting or third parties and are protected by copyright and other intellectual property laws. All rights are exclusively reserved to Everyday Parenting or third parties. By using the Site, you agree and acknowledge that all content and its use is protected by copyright, trademark and other intellectual property laws. Except for your own personal noncommercial use, you agree not to reproduce, redistribute, exhibit, or publish the information on the Site without the express prior written consent of Everyday Parenting. You are prohibited from using any type of automated method of retrieving data from the Site to access, acquire, copy or monitor any portion of the Site, any content, any email address or telephone number, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site, without the prior written consent of Everyday Parenting.
Terms and Conditions
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2. Copyright notice
2.1 Copyright (c) 2014EVERYDAY PARENTING.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal purpose, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any program material from our website to anyone;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Registration and accounts
5.1 To be eligible for an individual account on our website under this Section 5, you must be at least 18 years of age.
5.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
5.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
6. User IDs and passwords
6.1 If you register for an account with our website, you will be asked to choose a user ID and password.
6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
7.2 You may cancel your account on our website using your account control panel on the website.
8. Your content: licence for any content, comments or submissions you choose to contribute to our site
8.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.
8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
8.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
9. Your content: rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence, in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or]
(r) cause annoyance anxiety to any person.
10. Limited warranties
10.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
10.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.3 We will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
12.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13.1 We may revise these terms and conditions from time to time.
13.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Third party rights
16.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
17. Entire agreement
17.1 Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
18. Law and jurisdiction
18.1 These terms and conditions shall be governed by and construed in accordance with the law.
18.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of New York.
19. Our details
19.1 This website is owned and operated by Everyday Parenting.
19.2 You can contact us by using our website contact form, or by email to email@example.com.