PARENT PROTECH USER TERMS AND CONDITIONS
These User Terms are between you and Parent ProTech Inc. and its affiliates, members, owners, officers, directors, employees, agents, and assigns ("Parent ProTech" or “us” or "we"). They apply to your use our App, Website, and Technology, and Information that we make available to you from time to time as further defined herein (the “Services”). THESE USER TERMS ARE LEGALLY BINDING. Capitalized terms are defined below.
Summary of User Terms:
When you accept these User Terms during our sign-up process or when you access or use the Services, you agree to the following:
You will only use the Services when it is safe to do so, and you will only use them in compliance with the law and these User Terms;
If others use the Services through your user account, phone, table, computer, or mobile device, you will ensure that they only use the Services when it is safe to do so, and in compliance with the law and these User Terms;
We may suspend or discontinue your access to some or all of the Services;
We may remotely access, deliver, install, update, change or upgrade the Website, Materials, and Information, information, services, or website used to deliver the Services without additional notice or consent;
If you access or use any third-party products or services, the terms associated with those third-party products or services will also apply, and you will not hold Parent ProTech responsible for your access or use of those third-party products or services;
The Parent ProTech Products and Services are provided "AS IS" and are limited by matters outside our control. Unless expressly provided in these User Terms, we make no representations, conditions, or warranties about the Products or Services or for their availability, and we are not liable for the use or any lack of availability of the Services;
If a dispute arises, you will resolve it through individual arbitration (if applicable);
We may modify these User Terms at any time and the modifications will become effective immediately after we post the new version on our Website or, if we request that you accept such new version, upon your acceptance; and
You are bound by the complete Agreement as defined below, including the User Terms
THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICES OR THESE TERMS OF USE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.
THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
THESE TERMS AND CONDITIONS ALSO INCLUDE A JURY WAIVER.
MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN THE “DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER” SECTION, BELOW.
User Terms – Services
1. Agreement to Terms. When You accept the User Terms during our sign-up process or when you access or use the Services, Information and/or Website, you are indicating that you have read, understand, and agree to be bound by these User Terms and the other terms, policies, guidelines, and processes they refer to (collectively, the "Agreement") which include: (a) the User Terms; (b) any additional or supplemental terms and conditions related to any specific Services you sign up for, which terms and conditions will be presented to you at that time; and other terms, guidelines, policies, or procedures that we post on the Website or communicate to you (e.g. through your Connected Device, Phone, Computer, Tablet, or Mobile Device).
If you do not agree with any of these terms, then you should decline these User Terms during our sign-up process or other methods we make available to you. You are not permitted to access or use any of the Services if you do not agree to be bound by this Agreement.
Additionally, by accepting the User Terms or accessing or using the Services, you are consenting to the collection, use, and disclosure of your personal information as set out in this agreement and any applicable Privacy Statement published on Parent ProTech’s website or App.
2. Some Definitions.
"Connected Device" means a mobile device, tablet, phone, computer, or other device compatible with the Systems or Services that we (or our affiliates) provide through the our website, App, or any other platform, and any and all equipment or subscriptions that you purchase through us, or that we authorize for use in connection with the Services, which may include a mobile device such as a smartphone, mobile device, or tablet;
"Services" means the information, videos, lessons, intellectual property, and any connected device services that we make available to you from time to time, whether via our website, App, or other platform.
"Third Party Services" means services made available to you by a third party;
"Website" means the website we operate with the landing page located at https://parentprotech.com, or such other sites that page may direct You to, or any Parent ProTech apps;
"Wireless Service Providers" means third parties that make wireless services available to You in connection with the Services; and
"You" “or “Your” means and refers to each and every person accessing or using the Services and/or the App, and/or any employer, employee, agent, partner, child, roommate, family member, co-owner, co-employee, or contractor(s) of any such person, including but not limited to any person using the Services and/or the App on your tablet, phone, mobile device, computer, or any tablet, phone, computer, or mobile device that is in the care, custody, or control of you, your employer, your employee, your agent, your partner, your child, your roommate, your family member your co-owner, your co-employee, or your contractor(s).
3. Service Details. Our Website describes the available Services, including instructions for Service setup, and any further terms, privacy statements, pricing, conditions, and limitations of the Services. We may add, change, or remove Services from time to time, as described on the Website or other notices we make available to you.
4. Modification to Agreement. We may modify this Agreement, by adding, deleting or changing any term, by providing notice to you through our Website, or by asking You to read and accept a new version of this Agreement. We may give You notice by posting a new version of the Agreement on the Website. Your continued access or use of any of the Services after the notice, or your acceptance of the new version of this Agreement, will be deemed to be your agreement to such modifications to the Agreement. If someone other than you is using your Connected Device, your account, or your computer at that time, you agree that such person is authorized to agree on your behalf. If you do not agree with any modification, then you or we may terminate the Services. If we have asked you to read and accept a new version of this Agreement and you do not do so within the time period we specify, we can terminate this Agreement immediately upon the expiration of such time period.
5. Eligibility. You represent and warrant that You (a) have reached the age of majority in your jurisdiction of residence and have full legal capacity to enter into binding contracts, or (b) are at least 16 years of age and possess legal parental or guardian consent and are fully able and competent to enter into and abide by this Agreement. If You do not satisfy these eligibility requirements, then You should decline this Agreement using the mechanism we make available to You. You are not permitted to use any of the Services until such time as You satisfy these eligibility requirements and agree to all of the terms of the Agreement.
6. No Use of the Services by Children. The Services do not target, through advertising, appearance, links to other sites or otherwise, children under the age of 16. If You are under the age of 16 or are a parent or guardian of a child under the age of 16, please be aware that we do not permit registration by, and do not knowingly collect any information from, children under the age of 16. If You are a parent or guardian of a child under the age of 16, You must not allow them to use, or consent to their registration to use, any of the Services.
7. Registration and Account. You may be required to create an account to use some of the Services. If You create an account, You must: (a) provide accurate and complete information, and update that information so it remains accurate and complete; (b) be solely responsible for your account activity; (c) keep your account and password secure and not disclose them to anyone; and (d) notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses resulting from unauthorized access to or use of the Services or your account. However, You may be liable to us or other parties due to such unauthorized access or use.
8. Service Limitations. The Services rely on wireless communication networks and/or availability of digital, cellular, and/or mobile coverage. NOT ALL SERVICES ARE AVAILABLE EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, AT ALL TIMES. The area You are located in, or the area where your computer or mobile device is located, may affect the Services that we can provide to You.
9. We recommend that You carefully read the applicable terms and policies that make up this Agreement, including any Website, Materials, and Information Terms, before using the Services. If You use any Third Party Services, You acknowledge that the applicable terms of service made available by that third party is a binding agreement solely between You and that third party, and not between You and us, and that we might be, or are acting solely as an intermediary between You and that third party. We are not responsible for the terms of service made available by such third party, including any Wireless Service Provider, and any social media company, and we have no obligations or liabilities under those terms of service. Similarly, we are not responsible for the collection, use or disclosure of your personal information by that third party (including any social media company), so you should ensure that you read and understand their privacy policy (if any).
9.1 We are not obligated to provide any maintenance or support for the Services, technical or otherwise. If we provide any maintenance or support for the Services, we may stop any such maintenance, support, or services at any time.
9.2. Other Users. This Agreement applies to all users of your Connected Device, computer, or password/account. You are responsible and liable for all activities of users of your Connected Device, computer, or password/account, including all access to or use of the Services. Without limiting the foregoing, it is your responsibility to: (a) inform other users of your Connected Device, computer, or account that their access to and use of the Services is subject to this Agreement; (b) inform other users of the privacy statements that apply to the use of Services; and (c)ensure that other users of your Connected Device, computer, password, or account, comply with the applicable terms of this Agreement.
10. Suspension or Removal of the Services.
Suspension. We may be required from time to time to suspend or limit your access to or use of the Services without further notice to You and without liability to You, to address system issues, issues with your account, or other issues that may impact the performance, enjoyment, or security of the Services;
Removal. Unless otherwise provided in this Agreement we may remove or discontinue the Services or your account without further notice to You, and without liability to You. This may occur as a result of our efforts to refine the Services to address performance, to address safety, security, changes in technology, customer interests, regulatory requirements, business needs, or for any other purpose;
Notice and Consent. If we provide further notice or request further consent to an Update (as defined above), the notice or consent may be received or provided by any user of the App or Website on behalf of You, and all users on your device. You or any other person providing consent on your device are responsible for notifying all other Users of the provided notice and consent. However, you agree that in any case, we may access, modify or update the Website, Materials, and Information without additional notice or consent; and This Agreement will govern any updates, upgrades or other changes we make to the Services, Systems, or Website, Materials, and Information for all Users.
11. Your Additional Representations and Obligations. You agree that:
You have the right and authority to enter into this Agreement;
You will monitor access and use of the Services to ensure that, at all times, such access and use is lawful and complies with the Agreement;
You will provide us with true and accurate information and will keep that information up to date;
Unless another person, entity, school, or organization has expressly agreed in writing to pay for Your use or on Your behalf, You will be responsible for all costs and expenses, including taxes, losses, and liabilities, incurred in connection with your use of the Services and any activities that You undertake in connection with the Services or with this Agreement in any way;
Your agreement to and compliance with this Agreement does not violate any of your existing obligations;
You will access theServices only through your established account;
You will not attempt to breach any security measures of the Services;
You will not copy, reproduce, distribute, decompile, reverse engineer, disassemble, remove, alter, circumvent, or otherwise tamper with any technology, convert to any use not authorized by us or claim ownership in the Services, information, or site, or our or any other party's information or materials associated with the Services;
You will not use the Services for any unlawful purpose, to harass any person, or for any purpose not allowed by us;
You will not remove, modify, or obscure any copyright notices, trademarks, or other proprietary rights notices on or contained in or on any portion of the Services or any information or materials on or obtained from the Services;
You will comply worldwide with all local, state, provincial, federal, and national laws, statutes, ordinances, by-laws, and regulations that apply to your use of the Services.
12. Indemnity. In consideration of Parent ProTech’s provision of the Services to You and the rights granted to You, to the maximum extent allowable by law and unless prohibited by law, You agree to indemnify and defend Parent ProTech, its parent, subsidiaries, affiliates, licensors, and contractors as well as their respective employees, officers, directors, and agents (collectively " Parent ProTech Persons") and hold Parent ProTech Persons harmless from and against any and all losses, damages, injuries (including death), causes of action, claims, penalties, interest, additional taxes, demands, and expenses, including reasonable legal fees and expenses, of any kind or nature arising out of or on account of, or resulting from, any third party claim or demand made to or against any Parent ProTech Person(s): (i) arising out of your or your employees’, agents’, children’s, roommate’s, family member’s, or contractors’ access to or use of the Services; (ii) arising out of your or your employees’, agents’, children’s, roommate’s, family member’s or contractors’ failure to comply with this Agreement; (iii) relating to the inaccuracy or untruthfulness of any representation or warranty that You or your employees, children, roommates, family members, agents, or contractors made under this Agreement; (iv) arising out of any activities of anyone other than You in connection with the Services conducted through your account, connected device, password, username, or app; (v) arising out of access to or use of, or inability to access or use, any of the Services through your Connected Device by you or by anyone else; or (vi) arising out of any of your other activities under or in connection with this Agreement or the Services.
13. Unauthorized Use or Modification of the Services. You are not granted the right to and You shall not engage in any of the following activities: (a) transmit any Website, Materials, and Information or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, spiders, web-bots, screen-scrapers, or web crawlers or other items of a destructive or disruptive nature; (b) exploit the Services, App, or website in any unauthorized way; (c) modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services, Material, Information, or Website or remove, alter, circumvent, or otherwise tamper with any security technology; (d) "frame," "mirror," or resell any part of the Services website, information, or material without our prior written authorization; or (e) harvest or collect information about users. ANY ATTEMPT BY ANY USER OR ANY OTHER INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE THE SERVICES OR WEBSITE OR MATERIALS OR INFORMATION, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICES OR WEBSITE IS A VIOLATION OF THIS AGREEMENT. PARENT PROTECH RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO TAKE ALL SUCH ACTIONS AGAINST AND OBTAIN SUCH REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. PARENT PROTECH RESERVES THE RIGHT TO DISCLOSE ANY INFORMATION ABOUT YOU, INCLUDING YOUR ACCOUNT AND ACCESS TO AND USE OF YOUR ACCOUNT, TO LAW ENFORCEMENT AS NECESSARY TO ENFORCE THIS AGREEMENT, TO COMPLY WITH ANY COURT ORDER, OR AS PERMITTED IN THE PRIVACY STATEMENT OR IN THIS AGREEMENT.
14. Intellectual Property and Ownership of the Services.
The Services and Website, Materials, and Information are protected by United States and international copyright laws and may be subject to other intellectual property protections, including patent and trademark rights. You may not copy, distribute, modify, perform, broadcast, display, transmit, reuse, re-post, use (except as expressly set out herein) or claim any right in any aspect of the Services or Website, Materials, and Information, including the content, text, images, audio, and video without PARENT PROTECH’s express, prior written permission.
PARENT PROTECH owns the Services, including all content and functionality You access through the platform or the Website. Subject to Your compliance with these Terms, PARENT PROTECH grants You a non-exclusive, non-sublicensable, revocable, non-transferable license (set forth and described below) to use the Services by accessing the platform via a mobile device, computer, and/or the Connected Device. THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for any other purpose than what is allowed under these Terms without Our express written permission.
You may not use PARENT PROTECH’s name, trademarks, service marks, or logos, or those of third parties appearing on or affiliated with the Services in any advertising or publicity or to otherwise indicate PARENT PROTECH’s or such third party’s sponsorship or affiliation with any product or service without express written permission from PARENT PROTECH or such third party.
You own Your personal data and any other content You submit on or through the services or Website (collectively, “Content”). If You are entering someone else’s information into the platform, Website, or App, You represent and warrant that You have permission to do so. As a condition of providing You the Services, You grant to PARENT PROTECH a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your Content for the purpose of providing the Services. You also agree to allow Us to use or disclose your content or information for any legal purpose. However, PARENT PROTECH will not disclose such information to third parties unless such disclosure is either (a) for the purpose of proving the Services or (b) so long as your content and/or information to be shared is de-identified prior to its use. The term “de-identified” means that either (a) the data, content, or information is aggregated with other data, content, or information so as to make it unlikely that a normal, reasonable audience or recipient of such information would be able to ascertain that any particular data, information, or content belonged to You, or (b) all identifying information associated with the data, content, or information (such as Your name, Your farm name, and/or specific land/parcel information) is removed prior to its use or prior to it being shared.
15. Data Collection / Privacy. We may collect, use, and share information from and about You and your Equipment. You consent to the collection, use, and sharing of information, provided that such collection, use, and sharing of information is collected, used, and shared in a manner consistent with paragraph 14, above.
16. NO WARRANTY BY PARENT PROTECH.
16.1 PARENT PROTECH MAKES NO REPRESENTATIONS, CONDITIONS, OR WARRANTIES IN RESPECT OF THE SERVICES, INFORMATION, AND WEBSITE. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" INCLUDING WITH ALL FAULTS AND ERRORS AS MAY OCCUR THEREIN. TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, PARENT PROTECH, ON BEHALF OF ITSELF AND ALL PERSONS AND PARTIES ACTING BY, THROUGH OR FOR PARENT PROTECH, EXPLICITLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE SERVICES.
16.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARENT PROTECH DOES NOT WARRANT THE ACCURACY, OPERATION, PERFORMANCE, OR AVAILABILITY OF THE SERVICES, INFORMATION, OR SITE, OR ANY OF PARENT PROTECH PERFORMANCE OR PROCEDURES IN CONNECTION WITH THE SERVICES, INFORMATION, OR SITE, OR THIS AGREEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARENT PROTECH DOES NOT WARRANT THAT THE SERVICES WILL CONTINUE IN EXISTENCE FOR ANY PERIOD OF TIME.
16.3 TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARENT PROTECH DOES NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS REGARDING THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY DATA OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES, SITE, OR MATERIALS FOR ANY PURPOSE. PARENT PROTECH MAKES NO REPRESENTATIONS THAT THE SERVICES WILL BE FREE FROM LOSS, INTERRUPTION, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND PARENT PROTECH DISCLAIMS ANY LIABILITY RELATING THERETO. PARENT PROTECH DOES NOT PROVIDE ANY WARRANTY AS TO THE AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE.
16.4 TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARENT PROTECH IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS OR FAILURES IN THE TRANSMISSION OF DATA, ANY COMPUTER VIRUS, ACTS OR OMISSIONS OF THIRD PARTIES THAT DAMAGE THE NETWORK OR IMPAIR WIRELESS SERVICE, DAMAGE OR INJURY CAUSED BY A CONNECTION FAILURE OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
16.5 SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS' LAW IS APPLICABLE TO THIS AGREEMENT, IN WHICH CASE PARENT PROTECH’S WARRANTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
16.6 LIMITATIONS OF LIABILITY. TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, (A) PARENT PROTECH WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS, OR SAVINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, (B) PARENT PROTECH WILL NOT BE LIABLE IN ANY WAY ANY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR (i) ANY ACTION OR INACTION OF THIRD PARTIES, (ii) ANY EVENTS BEYOND THE REASONABLE CONTROL OF PARENT PROTECH, (iii) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, (iv) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, UPDATES, OR CHANGES TO SYSTEMS, WEBSITE, MATERIALS, AND INFORMATION, SERVICES OR OTHER EQUIPMENT PROVIDED BY PARENT PROTECH, (v) ANY CHANGE OR REDUCTION IN, OR ANY LOSS OF SERVICES CAUSED BY CHANGES IN SYSTEMS, SERVICES, OR INFRASTRUCTURE (SUCH AS THE WIRELESS SERVICE OR TECHNOLOGY INFRASTRUCTURE) THAT ARE MADE AVAILABLE BY THIRD PARTIES, AND (C) PARENT PROTECH WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH ANY THIRD PARTY SERVICES. TO THE EXTENT THAT PARENT PROTECH IS FOUND LIABLE FOR ANY DAMAGES, LOSSES, LIABILITIES, OR EXPENSES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, AND TO THE EXTENT ALLOWED BY LAW AND UNLESS PROHIBITED BY LAW, YOU AGREE THAT PARENT PROTECH’S MAXIMUM AGGREGATE LIABILITY SHALL BE NO GREATER THAN $100.00. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF PARENT PROTECH KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. THESE LIMITATIONS SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENT, AND APPLY TO ANYONE USING THE SERVICES OR MAKING A CLAIM ON YOUR BEHALF.
17. General.
17.1 Assignment. You cannot assign this Agreement (or any portion thereof) without PARENT PROTECH’S written consent and any attempted assignment without PARENT PROTECH’S written consent is null and void. PARENT PROTECH may assign this Agreement with or without notice to You.
17.2 Relationship. Nothing contained in this Agreement will be construed to make either You or PARENT PROTECH partners, joint venturers, principals, agents, or employees of the other. Neither party has any right, power or authority, express or implied, to bind the other.
17.3 Notices. Unless otherwise stated in this Agreement, all notices, requests, consents, approvals, and other communications required or permitted by You under this Agreement must be in writing and shall be deemed given when delivered in hand or ten business days after being mailed using a reliable national mail service, registered or certified mail, postage prepaid, and addressed to PARENT PROTECH. PARENT PROTECH may change its address without giving notice to You. We may issue notices via various channels, including by posting messages on the Website, sending You e-mail, contacting You via our agents or employees, or using any suitable systems available to, on, or with your Computer or Connected Device. You consent to receive such notices and agree that any such notices that PARENT PROTECH sends to You shall be legally effective when sent. You agree that any notices sent by us by e-mail or physical mail satisfy any requirement that the notices be provided in writing. If You do not agree, do not accept this Agreement.
17.4 Severability. If any term or provision of this Agreement, or of any document incorporated herein by reference, is held by a court of competent jurisdiction to be contrary to law, then that term shall be severed from this Agreement, and the remaining provisions of this Agreement or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby. Each provision of this Agreement shall be valid and enforceable to the extent permitted by law and unless prohibited by law.
17.5 Waiver. No term or condition of this Agreement is waived and no breach is excused unless that waiver or consent is in writing and signed by the party claimed to have waived or consented. No consent by any party to, or waiver of a breach by the other, whether express or implied, shall constitute a consent to, waiver of, or excuse for any different or subsequent breach.
17.6 References; Headings; Examples. In this Agreement, the article and section headings are for convenience of reference only and will not be considered in the interpretation of this Agreement. Examples given in this Agreement, which may be preceded by "including," "for example," "such as," or similar language, are solely intended to be illustrative and are not limitative.
17.7 Governing Law. This Agreement and any disputes arising out of or relating to it shall be governed by the laws of the State of Missouri.
17.8 DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER.
(A) our customer service department is available to address any concerns You may have regarding the Services. You may email us at team@parenprotech.com. Most matters are quickly resolved in this manner to our customer's satisfaction.
(B) ANY MATTER WE ARE UNABLE TO RESOLVE AND ALL DISPUTES OR CLAIMS ARISING OUT OF, RELATING TO OR IN RESPECT OF THIS AGREEMENT, INCLUDING ITS FORMATION, ENFORCEABILITY, PERFORMANCE, OR BREACH (EACH, A "CLAIM"), WITH THE EXCEPTION OF THE MATTERS DESCRIBED IN SECTION 17.8(E) BELOW, SHALL BE FINALLY SETTLED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA") IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CUSTOMER-RELATED DISPUTES, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL CLAIMS. THE SEAT OF THE ARBITRATION SHALL BE THE PROVINCE WHOSE LAWS GOVERN THIS AGREEMENT (AS SET OUT IN SECTION 17.8). THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR'S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
(C) ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THE PRECEDING SENTENCE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH IN THIS SECTION 17.8 SHALL BE NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE CLAIMS.
(D) THE RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT +1-800-778-7879. TO THE EXTENT THE INITIAL FILING FEE FOR THE ARBITRATION EXCEEDS THE INITIAL FILING FEE FOR A LAWSUIT, WE WILL PAY THE DIFFERENCE IN FEES.
(E) SECTIONS 17.8(B) THROUGH 17.8(D) DO NOT APPLY TO ANY CLAIM (I) IN WHICH A PARTY IS ATTEMPTING TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS (SUCH AS ITS PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR MORAL RIGHTS, BUT NOT INCLUDING ITS PRIVACY OR PUBLICITY RIGHTS), OR (II) THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
(F) IF THIS SECTION 17.8 IS HELD TO BE INVALID OR UNENFORCEABLE, THEN FOR ANY CLAIMS THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN STATE OR FEDERAL COURTS IN CAPE GIRARDEAU COUNTY, MISSOURI AND AGREE THAT MISSOURI LAW GOVERNS THIS AGREEMENT.
17.9 Limitations on Claims. To the extent permitted by law and unless prohibited by law, You agree that You must file any arbitration request, claim, or cause of action arising out of or related to access to and/or use of the Services or otherwise relating to this Agreement within one (1) year after the events giving rise to such request, claim, or cause of action, or You shall be forever barred from filing such request, claim or cause of action.
17.10 Language. The parties hereto confirm that it is their wish that this Agreement, and all documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de mȇmo que tous les documents, y compris tout avis, qui s’y rattachent, soient, rédigés en langue anglaise.
17.11. User understands and agrees that Parent ProTech uses content and information from other products, sites, and platforms (including social media platforms) that Parent ProTech does not own. As a result, such content and information can change (and likely will change) from time. As a result, Parent ProTech is not responsible for any change in content by such third-party, or any incorrect information resulting from such change in content.
User understands that Parent ProTech does not and cannot guarantee any particular results from the use of the site, contents, information, or App. The User understands that even if User utilizes all information shared by Parent ProTech, the User may nonetheless be unsatisfied with the results. The User agrees and understands that Parent ProTech does not promise a particular result, and the User Agrees that User will not pursue any claim, cause of action, or remedy against ParentProTech related in any manner whatsoever to the results experienced by User following use of the Parent ProTech services. Parent ProTech is not liable for and has no responsibility for any acts or omissions or conduct of any child or minor or student of the User, or the User himself/herself, following use of the products and services, and User releases Parent ProTech from any such liability and waives any such claim.
The Services are offered on a subscription basis only. Section 17.11.1, below, does not apply to You if, and only if, another person, entity, school, or organization has expressly agreed in writing to pay for your use or on your behalf. In such a scenario, Section 17.11.1 applies to such person, entity, school, or organization rather than You. If no such person, entity, school, or organization has expressly agreed in writing to pay for your use or on your behalf, then Section 17.11.1 does apply to You and you are responsible for payment as described therein under the terms and conditions described therein.
17.11.1 The Services are offered on a subscription basis only. A subscription fee is charged each month to the credit card, debit card, or other online payment system (your “Payment Mechanism”) you will choose. The current subscription fees are listed https://course.parentprotech.com/order?ct=3250f968-8ea6-438e-9849-d6251868a4a1. Your subscription will automatically renew at the end of each term for the next succeeding term unless you cancel your subscription. The subscription term will commence on the day you initially subscribe for Services and renew on the same day of each month or year. To cancel the subscription at any time, sign in to Your account and navigate to the unsubscribe button. Upon cancellation, for any reason, the Services will terminate on the date Services are cancelled. The rights and obligations under these Terms which by their nature should survive termination will remain in effect after expiration or termination of your subscription, including without limitation, provisions relating to intellectual property ownership, warranty disclaimers, confidentiality, limitation of liability, and indemnity.
17.12 Entire Agreement. This Agreement, including the additional terms and policies that are referenced in this Agreement, are the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter. You cannot change this Agreement unless PARENT PROTECH agrees in writing to the change. Unless otherwise provided in this Agreement, for any conflict between these User Terms and other terms, policies or other materials that are referenced herein, these User Terms will govern.
Appendix to User Terms
Standard End User License
Last Updated: April 11, 2023
This Standard End User License (“License”) applies to each PARENT PROTECH account or login that you access or use on a Connected Device. Capitalized terms, if not defined in this License, are defined in the User Terms. If any App, Website, or Materials are provided by PARENT PROTECH, then references to “Provider” in this license means PARENT PROTECH.
THIS LICENSE INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS LICENSE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.
THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
THIS LICENSE ALSO INCLUDES A JURY WAIVER.
MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN THE SECTION TITLED “DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER” BELOW.
1. License. Provider is the owner or licensor of all right, title and interest in and to the App, Website, Materials and Information including, without limitation, any content, graphics, audiovisual files, processes, and code, along with all intellectual property rights in the App, Website, Materials and Information. Subject to your compliance with this License, Provider grants you a limited, personal, noncommercial, non-transferable, non-sublicensable, revocable, non-exclusive license to install and use the App, Website, Materials and Information solely in object code form for its intended purpose as described in this License and within the App, Website, Materials and Information on your Connected Device or computer during the Term of the License. You agree to abide by this License in your installation and use of the App, Website, Materials and Information The App Website, Materials, and Information are licensed to you but not sold to you.
2. Provider Updates, Modifications and Deletions. From time to time, PARENT PROTECH may remotely update, upgrade, modify, or delete the App, Website, Materials and Information for certain reasons, including, without limitation, to enhance App, Website, Materials and Information or system functionality or stability or to address potential safety or security concerns. Subject to your compliance with this License, You are entitled to receive such updates, upgrades, modifications and deletions. You agree that PARENT PROTECH may at any time automatically update, upgrade, modify, delete, or stop supporting the App, Website, Materials and Information, or cause the App, Website, Materials and Information to be removed automatically from your Connected Device. If the App, Website, Materials or Information is updated, upgraded or modified, whether to enhance or correct features or functionality, then this License shall apply to the updates, upgrades and modifications in addition to any other terms that are presented to you in connection with the update, upgrade or modification. PARENT PROTECH has no obligation to provide any customer support for the App, Website, Materials or Information or for the use of the application services.
3. Effect of App, Website, Materials and Information on Connected Devices. You understand that the download, operation and/or use of App, Website, Materials and Information may: (i) have an unintended or adverse effect on the Connected Device, any system or Website, Materials, and Information operating in or with the Connected Device, and/or computer,(ii) result in a modification or change to the Connected Device or computer, any system or Website, Materials, and Information operating in or with the Connected Device or computer, one or more other Apps, and/or the functionality of any one or more of the foregoing; and/or (iii) render all or a portion of the computer or Connected Device, any system or Website, Materials, and Information operating in or with the Connected Device, and/or one or more other Apps inaccessible or unusable. You understand and agree that the download, operation, and use of App, Website, Materials and Information is at your own risk and is your own responsibility, and that Provider has no obligation to provide customer support for the App, Website, Materials and Information or with regard to any effect it may have on the Connected Device, any system or Website, Materials, and Information operating in or with the Connected Device, and/or one or more other Apps.
4. No reverse engineering; re-distribution or security circumvention. You agree not to reverse engineer, disassemble, use in a compilation, decompile, repurpose, distribute, resell or modify the App, Website, Materials and Information. You may not re-distribute the App, Website, Materials and Information to other people that do not use your Connected Device or computer. You agree to abide by and will not circumvent any security means or access control technology included in or with the App, Website, Materials and Information.
5. Open Source. If the App, Website, Materials and Information includes any Open Source Website, Materials, and Information, then your rights and responsibilities with respect to the Open Source Website, Materials, and Information shall be governed according to the terms of the applicable Open Source License. “Open Source Website, Materials, and Information” means Website, Materials, and Information made available to others under the terms of an Open Source License; “Open Source License” means a Website, Materials, and Information license that includes, but is not limited to, terms that: (a) permit distribution or redistribution of the Website, Materials, and Information, including free of charge and for sale, by others without royalty or fee and allows for such distribution/redistribution to include source code and compiled code; (b) permits modifications, compilations, and derived works be created from the Website, Materials, and Information and be distributed under the same terms as the original Website, Materials, and Information; or (c) attach to the Website, Materials, and Information and applies to all persons, entities, groups, organizations and institutions (the “Recipients”) to whom the Website, Materials, and Information is distributed and/or who redistribute the Website, Materials, and Information without the need for the Recipients to execute or otherwise acquire an additional license.
6. Term. This License shall continue until terminated by you or Provider or you cease use of the App, Website, Materials and Information (the “Term”). This License shall terminate automatically at any time upon breach by you of any of the terms of this License and in such event you will cease all use of the App, Website, Materials and Information.
7. Service terms and Web Site Terms apply. If you use the App, Website, Materials and Information to access or use any service, then you agree to abide by the applicable terms of the service and warrant that you will do so. If you use the App, Website, Materials and Information to access or use any web site, then you agree to abide by the applicable terms of the web site and warrant that you shall do so.
8. Data Collection; Use and Back-up. PARENT PROTECH may collect and store information about you, your use of the Connected Device, and your use of the App, Website, Materials and Information. Any information collected by PARENT PROTECH can be used or shared for any lawful purpose. However, PARENT PROTECH will not disclose or share such information to third parties unless (a) such disclosure is for the purpose of proving the Services or (b) your content and/or information that is being shared or will be shared is de-identified prior to its use. The term “de-identified” means that either (a) the data, content, or information is aggregated with other data, content, or information so as to make it unlikely that a normal, reasonable audience or recipient of such information would be able to ascertain that any particular data, information, or content belonged to You, or (b) all identifying information associated with the data, content, or information (such as Your name, Your farm name, and/or specific land/parcel information) is removed prior to its use or prior to it being shared.
You have sole responsibility for backing up or archiving any data you use with the App, Website, Materials and Information to the extent you have the right to do so. PARENT PROTECH does not have any responsibility for maintaining, archiving, or providing any data you use with the App, Website, Materials and Information and shall have no liability for any loss of access to or use of such data.
9. Content provided by PARENT PROTECH. The App, Website, Materials and Information may make available to you content that is the property of PARENT PROTECH or of others that give PARENT PROTECH permission to provide it to you. This content is provided only for use through the App, Website, Materials and Information on the Connected Device and no right is provided to you to, and you agree not to, copy, distribute, modify, perform, broadcast, display, transmit, reuse, re-post, use or claim any right in the content provided by PARENT PROTECH. You also agree that you will not use content provided by the PARENT PROTECH or through the App, Website, Materials and Information to violate any law or harass any person, group or business. If the App, Website, Materials and Information links you to any third party website or service, no right is provided to you to, and you agree not to, copy, distribute, modify, perform, broadcast, display, transmit, reuse, repost, use or claim any right in the content provided by the third party website or service unless you have legal permission from the third party. You also agree that you will not use content from the third party website or service to violate any law or harass any person, group, or business.
10. Your Transmissions and Use. You agree not to use the App, Website, Materials and Information to transmit or send any information or data that you do not have the right to transmit or send. You also agree that you will not use the App, Website, Materials and Information to transmit or send any information or data for any unlawful purpose or to harass any person, group, or business.
11. DATA DISCLAIMER. The App, Website, Materials and Information may use various types of data to perform functions for you. YOU ACKNOWLEDGE THAT THE DATA PROVIDED MAY NOT BE ACCURATE AND YOU USE THE DATA AT YOUR OWN SOLE RISK.
12. No guarantee of operation of features / networks. For services provided through networks, you are responsible for obtaining a contract with a service provider for network connectivity at your own sole cost. For services provided through networks, PARENT PROTECH cannot promise that your communications will not be intercepted by others and cannot promise that connections to websites and services through networks will be available to you, uninterrupted, or error free. You agree that PARENT PROTECH will not be liable for any damages for any loss of privacy occurring in communication over such networks or for any loss of connectivity or loss, error, or failure of other functionality provided through networks.
13. NO WARRANTY. The following paragraphs apply to the extent permitted by law and unless prohibited by law.
PARENT PROTECH MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS IN RESPECT OF THE APP OR ANY SERVICE OR INFORMATION THAT PARENT PROTECH OR THE APP, WEBSITE, MATERIALS AND INFORMATION MAKES AVAILABLE TO YOU. THE APP, WEBSITE, MATERIALS AND INFORMATION, ANY SERVICE AND ANY INFORMATION THAT PARENT PROTECH OR THE APP MAKES AVAILABLE TO YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE” INCLUDING WITH ALL FAULTS AND ERRORS AS MAY OCCUR THEREIN. PARENT PROTECH, ON BEHALF OF ITSELF AND ALL PERSONS AND PARTIES ACTING BY, THROUGH OR FOR PARENT PROTECH, AND FOR THE BENEFIT OF PARENT PROTECH, EXPLICITLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR COLLATERAL, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE APP OR ANY SERVICES PROVIDED THROUGH THE APP, WEBSITE, MATERIALS AND INFORMATION, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
PARENT PROTECH DOES NOT WARRANT THAT THE APP, WEBSITE, MATERIALS AND INFORMATION WILL CONTINUE TO OPERATE OR REMAIN AVAILABLE FOR ANY PERIOD OF TIME AND DOES NOT WARRANT THAT FUTURE OPERATION WILL BE COMPATIBLE WITH CURRENT OPERATION OR APPLICATIONS. PARENT PROTECH DOES NOT WARRANT THAT USE OF THE APP, WEBSITE, MATERIALS AND INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE APP, WEBSITE, MATERIALS AND INFORMATION WILL BE CORRECTED.
PARENT PROTECH DOES NOT PROVIDE ANY GUARANTEE, CONDITION, OR WARRANTY OF THE ACCURACY OF ANY DATA MADE AVAILABLE TO THE APP, WEBSITE, MATERIALS AND INFORMATION OR YOU THROUGH THE APP, WEBSITE, MATERIALS AND INFORMATION, WHETHER THE DATA IS LOCATION DATA OR ANY OTHER DATA AVAILABLE TO OR THROUGH THE APP.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE, IN WHICH CASE PARENT PROTECH WARRANTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
14. EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, PARENT PROTECH AND ITS RESPECTIVE AFFILIATES AND THE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS THEREOF (“PROVIDER PARTIES”) SHALL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS LICENSE, THE APP, WEBSITE, MATERIALS AND INFORMATION, OR ANY SERVICES OR INFORMATION THE APP, WEBSITE, MATERIALS AND INFORMATION ACCESSES OR PROVIDES FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS, OR SAVINGS ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APP, WEBSITE, MATERIALS AND INFORMATION. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF PROVIDER, PARENT PROTECH OR ANY PROVIDER PARTY KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. TO THE EXTENT THAT ANY COURT FINDS PROVIDER, PARENT PROTECH, OR ANY PROVIDER PARTY LIABLE FOR ANY CLAIM IN CONNECTION WITH THIS LICENSE, THE APP, WEBSITE, MATERIALS AND INFORMATION OR ANY SERVICES OR INFORMATION THE APP, WEBSITE, MATERIALS AND INFORMATION ACCESSES OR PROVIDES, AND TO THE EXTENT ALLOWED BY LAW, YOU AGREE THAT PROVIDER, PARENT PROTECH, AND THE PROVIDER PARTIES SHALL COLLECTIVELY ONLY BE LIABLE FOR DIRECT DAMAGES AND THE MAXIMUM DAMAGES FOR ALL SUCH CLAIMS IN THE AGGREGATE SHALL BE NO GREATER THAN $100.00.
FURTHER, THIRD PARTY PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PARENT PROTECH. TO THE EXTENT PERMITTED BY LAW, PARENT PROTECH DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARENT PROTECH SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER'S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ACCURACY, NOR SHALL PARENT PROTECH BE RESPONSIBLE FOR ANY OTHER BREACH OR WRONGDOING OF A THIRD PARTY PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY APP, WEBSITE, MATERIALS AND INFORMATION AND/OR SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES. PARENT PROTECH SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH THIS LICENSE NOR FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL LAW.
15. Indemnification. You will indemnify and hold PARENT PROTECH harmless from any and all liabilities, damages, costs, and expense (including legal fees) that it incurs as a result of any third party claim to the extent arising from your breach of this License or any other negligent or intentional misconduct.
16. Disputes; Binding Individual Arbitration; Class Action and Jury Trial Waiver.
The following paragraphs apply to the extent permitted by law and unless prohibited by law.
(a) Our customer service department is available to address any concerns you may have regarding the Apps or the application services. You may email us at team@parentprotech.com . Most matters are quickly resolved in this manner to our customer’s satisfaction.
(B) ANY MATTER WE ARE UNABLE TO RESOLVE AND ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ITS FORMATION, ENFORCEABILITY, PERFORMANCE, OR BREACH (EACH, A "LICENSE CLAIM"), WITH THE EXCEPTION OF THE MATTERS DESCRIBED IN SECTION 16(E) BELOW, SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CUSTOMER-RELATED DISPUTES, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL LICENSE CLAIMS. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
(C) ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THE PRECEDING SENTENCE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH IN THIS SECTION 16 SHALL BE NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE LICENSE CLAIMS.
(D) THE RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT +1-800-778-7879. TO THE EXTENT THE INITIAL FILING FEE FOR THE ARBITRATION EXCEEDS THE INITIAL FILING FEE FOR A LAWSUIT, WE WILL PAY THE DIFFERENCE IN FEES.
(E) SECTIONS 16(B) THROUGH 16(D) DO NOT APPLY TO ANY LICENSE CLAIM (I) IN WHICH A PARTY IS ATTEMPTING TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS (SUCH AS ITS PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR MORAL RIGHTS, BUT NOT INCLUDING ITS PRIVACY OR PUBLICITY RIGHTS), OR (II) THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
17. Applicable law and time limit for filing. To the extent permitted by law and unless prohibited by law, this License shall be interpreted in accordance with and governed by the laws of the State of Missouri. If you are a public educational institution in the United States within state that requires applicability of one or more laws of your state, then those laws of your state shall apply. To the extent permitted by law and unless prohibited by law, You agree that you must file any arbitration request, claim, or cause of action arising out of or related to the App or this License within one (1) year after the events giving rise to the arbitration request, claim, or cause of action, or you shall be forever barred from filing such request, claim, or cause of action.
18. Notices. PARENT PROTECH may provide you with notices regarding the App, Website, Materials and Information, including changes to this License, by email to your mail address associated with your PARENT PROTECH account if available, by regular mail, or by postings presented through the App, Website, Materials and Information.
19. Miscellaneous. You may not assign this License without permission of PARENT PROTECH. You and PARENT PROTECH are independent contracting parties. If the App, Website, Materials and Information is provided to you by a third party Provider, you agree that PARENT PROTECH and its subsidiaries are third party beneficiaries of the License and thus PARENT PROTECH or its subsidiaries can enforce this License against you even if it is not the Provider of the App, Website, Materials and Information provided that if the doctrine of third-party beneficiaries is found to not apply for any reason, the parties acknowledge and agree that while PARENT PROTECH is not a party to this License and has no obligations under this License, the Provider is a trustee of PARENT PROTECH for the limited purpose of holding in trust for PARENT PROTECH the covenants in favor of PARENT PROTECH. Accordingly, the parties agree that PARENT PROTECH may enforce such rights and agreements in its own right (without being required to add the Provider as a party to any proceedings for such enforcement). If any term of this License is invalid or unenforceable, then it shall be severed from this License and the remainder of the agreement shall remain in full force and effect. If Section 16 is held to be invalid or unenforceable, then for any License Claims, the parties consent to personal jurisdiction and exclusive venue in the state and federal courts located in Cape Girardeau County, Missouri. No condition of this License shall be deemed waived unless waived in writing by the party claimed to have waived. This License is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter. You cannot change this License unless Provider agrees in writing to the change. Provider may modify this License by providing notice to you, and if you do not agree with any modification, then you must stop using the App. Your continued use of the App will be deemed acceptance of such modifications.