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Parenting Counts Terms of Use

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.

  1. General Terms and Conditions Applicable to Entire Site
  2. Additional Terms and Conditions Applicable to Parenting Counts Professional Training Program
  3. Additional Terms and Conditions Applicable to Parenting Counts Marketplace
  4. Additional Terms and Conditions Applicable to Parenting Counts Center

Welcome to the Parenting Counts website (the "Site"), which includes the Parenting Counts Marketplace and the Parenting Counts Center. Parenting Counts is a research-based family of products developed to support parents and caregivers in raising socially and emotionally healthy children.

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.

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    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 Parenting Counts Center, do require that you set up a Parenting Counts account prior to using them.

    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 United States. You agree to promptly update the personal information that you give to Parenting Counts as necessary, including reporting any changes of your mailing address, e-mail address, or credit card information.

    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 Parenting Counts Center area (discussed further below), all materials on the Site are property of Parenting Counts and are protected under U.S. and international copyright and other laws. You are granted a limited license to use the Site and view its content. All ownership of the Site and its content is retained by Parenting Counts and/or its licensors. All rights to the Site and Site content are reserved, unless expressly granted in these Terms of Use.

    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:

    Parenting Counts 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 Parenting Counts with your request.

    Trademarks:

    The words PARENTING COUNTS, and the Parenting Counts logo are trademarks of Parenting Counts. These trademarks may not be used for any purpose without the prior written permission of Parenting Counts. 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.

    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 PARENTING COUNTS, THEIR 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 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.

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    ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PARENTING COUNTS PROFESSIONAL TRAINING PROGRAM

    "Parenting Counts Educator" Certification:

    Only those participants who complete the Parenting Counts Online Professional Training Program (the "Program") and successfully complete the four assessments in the Program may use the term "Parenting Counts Educator" to describe themselves. "Parenting Counts Educators" shall be authorized to teach and facilitate the Parenting Counts curriculum only to parents.

    Terms Applicable to All Users of the Parenting Counts Professional Training Program Regarding Use of "Parenting Counts Educator" Certification:

    1. You agree not to use the term "Parenting Counts Educator" unless you have successfully completed all requirements of Parenting Counts, including passing the assessments in the Program, to use such term.
    2. You agree that all products and teaching tools of the Program are copyrighted works of Parenting Counts and its licensors, and you agree not to make unauthorized copies of any such products and tools.
    3. You agree not to change any of the content, materials or teaching tools in the Parenting Counts curriculum such that it would change the listed research findings of the Program.
    4. The Parenting Counts curriculum may only be taught by you to parents. You agree not to offer your own independent "Parenting Counts Training Program" or similar to other professionals or conduct "Parenting Counts" train-the-trainer seminars, workshops, or events.
    5. You agree not to put any of the content, research information, activities, or materials used in the Program on a website or in an electronic format without prior consent from Parenting Counts.
    6. You agree to reasonably follow the content of the Program in presenting the course to parents, and not to incorporate any additional materials (such as religious teachings or medical advice) into your presentation of any "Parenting Counts" training courses.
    7. You are responsible for ensuring that you have the requisite educational credentials and skills to teach any Parenting Counts curriculum course(s) effectively.
    8. You understand that you do not owe Parenting Counts any portion of the registration fees or payments you may receive for teaching the Parenting Counts Program or its components to parents. You may, however, need to buy extra copies of any Parenting Counts materials that you plan to distribute to parents.
    9. As a certified Parenting Counts Educator (if applicable), you agree not to state or infer that you are an employee, contractor, agent or other representative of Parenting Counts or the Parenting Counts Program.
    10. You agree to indemnify, defend, and hold harmless Parenting Counts from any and all third party claims, demands, losses, liabilities, damages, and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgments, interest and penalties (collectively, "Losses") and threatened Losses due to: (a) any actions or inactions by you or anyone under your supervision or control in connection with teaching of Parenting Counts courses; (b) any use by you of the "Parenting Counts Educator" certification credential; or (c) any failure by you to follow these Terms of Use.
    11. The Parenting Counts logo may only be used by those participants who have qualified to be a "Parenting Counts Educator." If you wish to use the Parenting Counts logo in connection with your Parenting Counts Educator certification (if applicable), you agree to abide by the logo usage guidelines available at www.parentingcounts.org.
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    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] .

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    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.

    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.