Last updated: December 23, 2008 THIS AGREEMENT GOVERNS YOUR USE OF WEB SITE AND ALL CONTENT AND SERVICES AVAILABLE VIA THE WEB SITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEB SITE.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. The Site and the Services are provided for informational purposes only, and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your or your family member(s)' physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you think you or your family member(s) may have a medical emergency, call your doctor or 911 immediately. Parentgiving does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on the Site and the Services is solely at your own risk.
Parentgiving LLC ("Parentgiving," or "We") reserve the right to amend this Agreement at any time and from time to time. When we post changes to this Agreement, we will revise the "last updated" date at the top of this Agreement. If there are material changes to the Agreement, we will notify you of any such changes by posting a message on the Site. We encourage you to periodically review this Agreement to be informed of the terms and conditions applicable to your use of the Site. United States Use Only. This Site is intended to be used only by end users who are residents of the United States. End users who access the Site from outside the United States do so at their own initiative and risk and are responsible for compliance with all applicable laws.
Intellectual Property Rights in the Site. You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Parentgiving or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may not market or remarket, or assist any third party in marketing or remarking, the Content, the Site or any Services without Parentgiving's prior written permission in each instance.
Trademarks. Parentgiving, "Where Caregivers Go" and "Where Caregivers Go to Learn, Manage, Connect Shop," "Learn and Shop" and the domain names http://www.parentgiving.com and adultdiapers.net (the "Parentgiving Trademarks") are the sole and exclusive property of Parentgiving. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Parentgiving. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Parentgiving Trademarks displayed on this Site, without our prior written permission in each instance. All goodwill generated from the use of the Parentgiving Trademarks will inure to our benefit.
Copyright Complaints. If you believe this Site contains Content that infringes your copyright, please see our Copyright Infringement Notification Procedures located at www.parentgiving.com/elder-care/copyright_infringement/. Unsolicited Information. By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to Parentgiving through the Site, you agree to be bound by the terms and conditions set forth in this paragraph. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Parentgiving, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Parentgiving and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting Parentgiving a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information. This section shall not apply to any Personal Data.
Links to Other Web Sites. This Site may periodically provide links to third party websites ("Third-Party Sites") as well as other websites operated by Parentgiving ("Other Parentgiving Sites"). This Agreement governs only this Site and not any Third Party Sites or Other Parentgiving Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access linked Third-Party Sites or Other Parentgiving Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites or Other Parentgiving Sites to the administrator of the applicable Third-Party Site. We also prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website without our prior written permission.
Advertisements on this Site. Parentgiving, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by Parentgiving. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.
SECURITY OF THE SITE. ACTUAL OR ATTEMPTED UNAUTHORIZED USE OF THE SITE MAY RESULT IN CRIMINAL AND/OR CIVIL PROSECUTION. PARENTGIVING RESERVES THE RIGHT TO VIEW, MONITOR, AND RECORD ACTIVITY ON THE SITE WITHOUT NOTICE OR PERMISSION FROM YOU. ANY INFORMATION OBTAINED BY MONITORING, REVIEWING, OR RECORDING IS SUBJECT TO REVIEW BY LAW ENFORCEMENT ORGANIZATIONS IN CONNECTION WITH INVESTIGATION OR PROSECUTION OF POSSIBLE ILLEGAL ACTIVITY ON THE SITE. PARENTGIVING WILL ALSO COMPLY WITH ALL COURT ORDERS AS WELL AS ALL LAW ENFORCEMENT AND REGULATORY INQUIRIES INVOLVING REQUESTS FOR SUCH INFORMATION. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF PARENTGIVING, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "PARENTGIVING PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE, THE CONTENT OR THE SERVICES. NONE OF THE PARENTGIVING PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR THE SERVICES IS ASSUMED SOLELY BY YOU. NONE OF THE PARENTGIVING PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, CONTENT OR SERVICES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THE SERVICES IS TO STOP USING THE SITE AND/OR THE SERVICES.
Product Descriptions. With respect to the retail portion of the Site, Parentgiving attempts to be as accurate as possible with products descriptions and prices. However, Parentgiving does not warrant that product descriptions or prices are accurate. In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Parentgiving's suppliers, Parentgiving shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Parentgiving shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, Parentgiving shall immediately issue a credit to your credit or debit card account in the amount of the charge. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy. [INSERT LINK TO RETURN POLICY]
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ANY OF THE PARENTGIVING PARTIES BE LIABLE TO YOU , YOUR FAMILY MEMBER(S) OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY OF THE CONTENT, THE SERVICES, OR ANY OTHER INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE PARENTGIVING PARTIES BE LIABLE TO YOU, YOUR FAMILY MEMBER(S) OR ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS PARENTGIVING PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
No Responsibility for Connectivity. You agree that you are responsible for the means you use to access the Site and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.
Indemnification. You agree to defend, indemnify and hold Parentgiving harmless from and against any and all claims, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Site and the Services or breach of any of the terms of this Agreement.
Registration and Subscription Terms. You are not required to register as a Registered User to browse in public areas ("Public Areas") of the Site. In order to access Registered User-only portions of the Site and/or use the Services, registration is required. During the registration process for this Site, you will select a unique sign-in name ("Sign-In Name") and a password ("Password"). Each Sign-In Name and corresponding Password can only be used by one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse or communications entered through the Site using such Sign-In Name and Password. You will promptly inform Parentgiving of any need to deactivate a Password or Sign-In Name. Parentgiving reserves the right to delete or change your Password or Sign-In Name at any time and for any reason.
Registered Users will have the right to (i) create accounts on the Site containing information relating to family member(s) (each, a "Family Database"), (ii) provide Personal Data to the Family Database, (iii) use and modify Personal Data in the Family Database, and (iv) authorize certain third parties to provide, access, use and modify the Personal Data in the Family Database.
For Services offered by Parentgiving on a subscription basis, each subscription will renew automatically for additional terms of equal length unless you notify Parentgiving that you desire to terminate the subscription at least thirty (30) days prior to the expiration date of your then current subscription. If we do not receive a timely written notice of termination, then the Services shall renew for an additional term of equal length. All subscription charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. Parentgiving reserves the right to modify or terminate subscription plans, change prices, or institute new charges for any of the Services at any time. In the event of any such modification or termination, Parentgiving will use commercially reasonable efforts to notify Registered User(s) via the email address provided to Parentgiving upon registration. You are responsible for providing a valid credit card number at the time you register as a Registered User. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription account at the prices then in effect, including any unauthorized charges incurred prior to your notifying Parentgiving of such charges. You agree that Parentgiving may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your subscription to the Services.
Electronic Communications and Contracting. This Site may contain additional agreements and disclosures in electronic form. By assenting to this Agreement, you agree that a printed version of this Agreement and other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Miscellaneous. In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled limitation of liability, indemnification, miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release the Parentgiving Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of New Jersey. Except for proceedings commenced by Parentgiving to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New Jersey. This Agreement contains the entire agreement of the parties concerning this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by Parentgiving.