USER AGREEMENT

Terms of Use, Privacy Policy and Children’s Privacy Policy 

Welcome to TheParentingNotebook.com ParentingNotebook.com websites (“Websites”).  Thank you for taking us along on your parenting journey.  Our goal is to inform, involve and enrich family relationships by encouraging dialog between parents and kids.  We are constantly updating this website as we strive to ensure the online safety and privacy of our users.  If you have any questions or concerns regarding this User Agreement, Terms of Use, our Privacy Policy, or our Children’s Privacy, please contact us at Privacy@theparentingnotebook.com.

This website cannot take the place of face to face contact with your child(ren).  This website should be used to enrich that relationship, not as a substitute for it.  Likewise, this site does not and cannot provide legal advice, medical advice, financial advice or therapeutic counseling. Please seek the assistance of a Professional for these services.

TheParentingNotebook.com / ParentingNotebook.com websites are owned and operated by The Parenting Notebook Company, a Florida corporation. The Parenting Notebook Company is located at the University of Central Florida Technology Incubator, 12565 Research Parkway, Suite 300, Orlando, FL32826

AGREEMENT

This User Agreement ("Agreement") is a contract between you and The ParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company, a Florida Corporation. This Agreement includes our Terms of Use, our Privacy Policy and our Children’s Privacy Policy. This Agreement governs your use of the websites and services provided by TheParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company. You represent that you are at least 18 years of age or have attained the age of majority in the province, state or country in which you reside, and any information that you provide to us is correct.

This Agreement sets forth the legally binding terms for your use of the TheParentingNotebook.com and ParentingNotebook.com websites and services. You are only authorized to use the TheParentingNotebook.com and ParentingNotebook.com websites and services if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave TheParentingNotebook.com / ParentingNotebook.com websites and discontinue use of the TheParentingNotebook.com and ParentingNotebook.com services immediately. If you wish to become a Member / User of these websites, you must read this Agreement and indicate your acceptance during the registration process.
Please read this agreement carefully before completing your registration and/or using any part of TheParentingNotebook.com / ParentingNotebook.com websites. If you do not accept the terms of this agreement by clicking on the “I agree” button, you will not be able to use this site. If you do not give permission for your child(ren) to use the websites by clicking on the “I agree” button, they will not be able to use this site. Please print a copy of this user agreement for your records.

TheParenting Notebook Company offers theTheParentingNotebook.com / ParentingNotebook.com websites to you conditioned upon your acceptance, without modification, of this agreement. Your use of the TheParentingNotebook.com / ParentingNotebook.com websites constitutes your acceptance of this agreement in its entirety and without modification.

Uses of TheParentingNotebook.com / ParentingNotebook.com websites are void where prohibited.

In order to use this Web site, you must first complete the registration form and create a user name and password. Families will then create their individual account (“Notebook”) within TheParentingNotebook.com / ParentingNotebook.com websites. During registration you are required to give us contact information including your name and email address. This information is necessary to verify your identity and the identity of your children. By requiring payment, we also verify your identity. This process is used to protect you and your children from access by unauthorized users.

By using our services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or have attained the age of majority in the province, state or country in which you reside and (d) your use of TheParentingNotebook.com / ParentingNotebook.com websites does not violate any applicable law or regulation, (e) that you are the parent or guardian of the child(ren) within your notebook, or have been given permission by the parent or guardian to use their Notebook and view the personal information of their child(ren), and (f) you will not share any personal information about the children in your Notebook without the expressed consent of the parents and children.

You are responsible for maintaining the confidentiality of your Account, and for all information posted in your Notebook. You agree to: (a) immediately notify The Parenting Notebook Company of any unauthorized use of Your Account or any other breach of security, and (b) ensure that you exit from Your Notebook at the end of each session. The Parenting Notebook Co will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or be required to change your password from time to time. Your Notebook, or Account, with TheParentingNotebook.com / ParentingNotebook.com may not be assigned, sold or traded to a third person. This User Agreement may not be assigned by you.

We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. We disclaim responsibility for all negligent acts that may result in disclosure of your personal information.

The Parenting Notebook Company is the sole owner of TheParentingNotebook.com and ParentingNotebook.com. All information collected on TheParentingNotebook.com and ParentingNotebook.com websites becomes the property of The Parenting Notebook Company. TheParentingNotebook.com and ParentingNotebook.com are hosted in the United States.

TERMS OF USE

Users of this website must not:

1. Use this Website in such a way as to offend or interfere with the use by anyone else of this Website;

2. Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that: (a) are defamatory, libelous or inaccurate, (b) are abusive or threatening towards or invade the privacy of any third party, (c) which are offensive, obscene or pornographic; (d) infringe the intellectual property rights, including copyrights, of any third party; (e) violate any law or regulation; (f) advocate illegal activity; (g) advertise or otherwise solicit funds or are a solicitation for goods or services; or (h) are treated as confidential under any contract or policy;

3. Attempt to use these Websites for any purposes other than those intended by The Parenting Notebook Company; or

4. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

5. Ever reveal personal information to other users online that are not in your Notebook. The best way to stay safe online is to NEVER share your real name, phone number, address, email or passwords with other users;

6. Attempt to circumvent the security systems of these Websites;

7. Attempt to gain access to these Websites in a fraudulent manner, including but not limited to using fraudulent User names, passwords or gift certificates;

8. Attempt to gain access to any other user’s Accounts;

9. Attempt to ascertain any other user’s password, and/or unauthorized personal information by any means whatsoever, including without limitation, by use of this Website or any other website, or by e-mail communication;

10. Attempt to harvest or otherwise collect information about other users without their consent;

Modifications: The Parenting Notebook Company reserves the right to change the terms, conditions, and notices under which it offers the The ParentingNotebook.com / ParentingNotebook.com websites, including any charges associated with the use of these websites. Such modification shall be effective upon posting on the TheParentingNotebook.com / ParentingNotebook.com websites. Your continued use of the TheParentingNotebook.com / ParentingNotebook.com services after TheParentingNotebook.com / ParentingNotebook.com posts a revised Agreement constitutes your acceptance of the revised Agreement. It is therefore your responsibility to review this Agreement regularly to ensure that you are updated as to any changes.

The Parenting Notebook Company, has the right to vary, modify, change or discontinue: (a) any feature or function offered on this Website; (b) any part or all of this Website, including hours of availability; and (c) to restrict access to parts or all of this Website from time to time with or without notice to you. The Parenting Notebook Company may make available and upgrade these Websites on the same terms and conditions as this User Agreement and any such upgrades will form part of these Websites. In order to obtain and access parts of these Websites, including upgrades, you may be required, at your own cost, to install specific software on your computer.

 

TheParentingNotebook.com / ParentingNotebook.com websites may occasionally be non accessible due to upgrading of software or due to electrical, server or other environmental problems beyond the control of The Parenting Notebook Company. The Parenting Notebook Company will not be liable for any disruption in service, regardless of the cause.

Termination: TheParentingNotebook.com / ParentingNotebook.com and TheParenting Notebook Company may terminate this Agreement, or terminate or suspend your access to TheParentingNotebook.com/ParentingNotebook.com websites at any time, with or without cause, with or without prior notice or explanation, and without liability to The Parenting Notebook Company. Upon such termination or suspension, your right to use TheParentingNotebook.com / ParentingNotebook.com websites will immediately cease. Upon such termination or suspension, any information you have stored on Theparentingnotebook.com / ParentingNotebook.com websites will not be retrievable.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the remaining agreement, in it’s entirely shall remain valid and enforceable. TheParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement. You may not transfer or sublicense your rights, if any, in TheParentingNotebook.com / ParentingNotebook.com websites.

No commercial, unlawful or harmful use of TheParentingNotebook.com / ParentingNotebook.com website is permitted.TheParentingNotebook.com / ParentingNotebook.com website is only for your personal use. You will not use TheParentingNotebook.com / ParentingNotebook.com websites for commercial purposes. You will not use TheParentingNotebook.com / ParentingNotebook.com websites in any way that is unlawful, or harms The Parenting Notebook Company. The Parenting Notebook Company reserves the right to remove any commercial content posted by users on TheParentingNotebook.com / ParentingNotebook.com websites. Illegal and/or unauthorized use of the TheParentingNotebook.com / ParentingNotebook.com services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the The ParentingNotebook.com / ParentingNotebook.com websites, or employing third party promotional sites or software to promote profiles for money, is prohibited.

 

Commercial advertisements, affiliate links, and other forms of unauthorized solicitation are not to be posted in member notebooks. They will be immediately removed from your notebook without notice or explanation and may result in termination of use of the website. The Parenting Notebook Company reserves the right to take appropriate legal action for any illegal or unauthorized use of the TheParentingNotebook.com / ParentingNotebook.com services or websites.

TheParenting Notebook Company reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of theTheParentingNotebook.com / ParentingNotebook.com services or websites at any time, for any or no reason, with or without prior notice or explanation, and without liability. The Parenting Notebook Company expressly reserves the right to remove your notebook, or any pages therein, and/or deny, restrict, suspend, or terminate your access to all or any part of the TheParentingNotebook.com / ParentingNotebook.com websites if TheParenting Notebook Company determines, in its sole discretion, that you have violated this Agreement or pose a threat to any other User of the websites.

Intellectual Property

 © 2001,© 2006, ©2008TheParentingNotebook.com™ and The Parenting Notebook Company™. All rights reserved. The graphics, photographs and images appearing on The ParentingNotebook.com / ParentingNotebook.com are owned by, or authorized for use by The Parenting Notebook Company and are protected by United States Copyright laws. TheParentingNotebook.com / ParentingNotebook.com is protected by copyright, trademark, patent, trade secret and other laws.TheParenting Notebook Company retains all rights in the Content and Services of TheParentingNotebook.com / ParentingNotebook.com.

Trademarks: All trademarks, product names and company names or logos cited herein are the property of TheParenting Notebook Company and/or Lyzette SanGermain.

All products, services, content, information displayed, performed or otherwise accessible through these Websites, including, without limitation, EStore items, Public content, Member content, feature codes and access codes together with all digital images activated by such codes, Software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, and patents, are the property of The Parenting Notebook Co, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns and are protected, without limitation, by United States and other foreign copyright, trademark and patent laws. Without limiting the generality of any other provisions of this User Agreement, the use of any content from the TheParentingNotebook.com / ParentingNotebook.com is prohibited.

No graphics, photographs or images appearing on either the TheParentingNotebook.com and /or ParentingNotebook.com websites or in TheParenting Notebook book may be reproduced for any purpose whatsoever without the express written permission from TheParenting Notebook Company. Any other use of materials on this Website including modification, distribution, or republication without the prior written permission of TheParenting Notebook Company is strictly prohibited. None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of TheParenting Notebook Company.

This User Agreement grants to you a limited license to access and use your Notebook within TheParentingNotebook.com / ParentingNotebook.com websites, for your personal, non-commercial use, provided that this license is limited to the display of the TheParentingNotebook.com / ParentingNotebook.com Materials in their entirety, including but not limited to visual elements such as advertisements that adjoining content. Any attempts to access the TheParentingNotebook.com / ParentingNotebook.com websites in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may print and retain a copy of pages of this Website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use TheParentingNotebook.com / ParentingNotebook.com websites in a manner that suggests an association with any of our websites. You may not make any modifications to TheParentingNotebook.com / ParentingNotebook.com websites other than as expressly permitted by us.

Without limiting the generality of the foregoing, you agree that you shall not: (a) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (b) download or copy Website information for the commercial benefit of you or a third party; (c) make any resale or commercial use of this Website; (d) publish any collection or compilation of any product listings, descriptions, or content; (e) create any derivative work of this Website or its contents; (f) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (g) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of TheParentingNotebook.com / ParentingNotebook.com or its licensors; or (h) use any meta tags or any other "hidden text" utilizing the trademarks, logos, trade names or content of TheParentingNotebook.com / ParentingNotebook.com or its licensors.

The Parenting Notebook Company through its websites: TheParentingNotebook.com/ParentingNotebook.com encourages users to submit comments, suggestion, and bright ideas. Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, room designs, concepts, content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the "User Content"), submitted by you to The Parenting Notebook Co or otherwise posted on these websites shall be deemed to be, and shall remain, the property of The Parenting Notebook Company. You shall be deemed to have irrevocably assigned in perpetuity to The Parenting Notebook Co free of charge all of your worldwide right, title and interest in and to such User Content, and waived any “moral” or author’s rights or rights to attribution therein completely and irrevocably. Without limiting the foregoing, The Parenting Notebook Company shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature throughout the world, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to The Parenting Notebook Co, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you. None of the User Content shall be subject to any obligation of confidence on the part of The Parenting Notebook Co, and The Parenting Notebook Company shall not be liable for any use, non-use or disclosure of all or part of the User Content. Without limiting any of the foregoing, The Parenting Notebook Co may, but is not obligated to, use and publish the User Content at this Website or elsewhere for purposes that include without limitation, new or enhanced products or services, marketing and public relations.

Public Content:If you choose to participate in a dialog, chat, blog, survey, questionnaire or provide any other content for use in the public view pages accessible by the public as well as other users of TheParentingNotebook.com/ParentingNotebook.com websites, you hereby grant TheParentingNotebook.com/ParentingNotebook.com and TheParenting Notebook Company an indefinite, royalty-free, irrevocable worldwide license to display, reproduce, modify, translate, publish, delete and/or incorporate into other web pages or products owned by TheParentingNotebook.com / ParentingNotebook.com and/or TheParenting Notebook Company. Such use does not require permission or acknowledgement by you. You agree not to post any content which may infringe on or violate the rights of any third party.

You represent and warrant that: (a) you own the Content posted by you on or through TheParentingNotebook.com / ParentingNotebook.com websites or otherwise have the right to grant the license as set forth in the preceding paragraph, and (b) the posting of your Content on or through the TheParentingNotebook.com / ParentingNotebook.com websites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through you on the TheParentingNotebook.com / ParentingNotebook.com websites.

Content you post in your Notebook: TheParentingNotebook.com / ParentingNotebook.com may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of The Parenting Notebook Company violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Offensive, harassing, exploitive, sexually suggestive, pornographic, stalking or abusive content, including photographs, will be subject to immediate removal and any such user will have their account terminated, with no fees refunded.

The Parenting Notebook Company assumes no responsibility for monitoring the TheParentingNotebook.com / ParentingNotebook.com websites for inappropriate Content or conduct. The Parenting Notebook Company does not endorse any content posted by any user. At any time The Parenting Notebook Company may choose, in its sole discretion, to monitor TheParentingNotebook.com / ParentingNotebook.com websites. The Parenting Notebook Company nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any User submitting any such Content to the TheParentingNotebook.com / ParentingNotebook.com websites.

You are solely responsible for the Content that you post on or through any of the TheParentingNotebook.com/ParentingNotebook.com websites, and any material or information that you transmit to other Members and for your interactions with other Users.

Links to External Sites

TheParenting Notebook strives to provide a safe, fun, and private environment for kids and parents to grow and learn.  We link to other sites for the entertainment, education and convenience of you and your children.  These sites are not part of the websites owned and operated by The Parenting Notebook Company and each may have a different User Agreement. In addition, to the extent such linked websites are not owned or operated by The Parenting Notebook Co, these sites also have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting other websites or any third party websites to whom we provide links.

We are not responsible for the content or collection practices of sites we link to. Further, The Parenting Notebook Company, assumes no responsibility for any material outside of this website which may be accessed through such links. We recommend that you read their privacy policies before using those sites or providing them information.

The Parenting Notebook Company through the TheParentingNotebook.com / ParentingNotebook.com websites are providing these links to you only as a convenience and the inclusion of any link does not imply endorsement or approval by The Parenting Notebook Company of the website linked to. Unless otherwise expressly indicated by us, we are not sponsored by or affiliated with the linked website and we do not control the information and materials accessed from such third party websites.

When you access these third party sites, you do so at your own risk. TheParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company takes no responsibility for third party advertisements or third party applications that are posted on or through the TheParentingNotebook.com / ParentingNotebook.com websites, nor does it take any responsibility for the goods or services provided by its advertisers or sponsors.

TheParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by The Parenting Notebook Company. We reserve the right to modify and/or discontinue links to these websites at any time without notice.

TheParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company take no responsibility for third party advertisements or third party applications that are posted on or through the TheParentingNotebook.com/ParentingNotebook.com websites, nor does it take any responsibility for the goods or services provided by its advertisers or sponsors.

Spam

The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

Fees for Use

Use of this site requires that fees be paid and current. Fees are paid monthly ($11.95) or yearly ($99.95). Fees may be paid by a gift certificate. Grants may be available to those who cannot afford our fees. Discounts may be available to reduce fees.

Fees will be automatically billed on the monthly or yearly anniversary of your account set up date.

You will be given a 10 day grace period for delinquent accounts. On the 11th day of an unpaid account, any further access to TheParentingNotebook.com and / or ParentingNotebook.com websites will be denied to the party who has not paid their fees for use.

Indigent:If a Court has issued an order declaring you to be indigent, for purposes of collecting court services without a fee, we too will waive your fees. Please mail or fax us a Certified Copy of your court order, which must be signed by a Judge, and which says you are to receive court services free of charge. Mail your Certified Copy to The Parenting Notebook Company, Billing Department, 12565 Research Parkway, Suite 300, Orlando, FL 32825 or fax to 407-737-2512.

If The Parenting Notebook Company terminates your Membership because you have breached this Agreement, you will not be entitled to a refund of any unused portion of fees or payments.

Fees waived for Deployed active members of the Military. Please provide us your name, rank and overseas post and we will waive your service fees to use TheParentingNotebook.com / ParentingNotebook.com services and websites. Thank you for your service to the families of this Country.

Jurisdiction

The parties agree that any dispute arising out of this agreement shall be required to be heard by a Florida Supreme Court Certified Mediator before any further action can be commenced.

Thereinafter, any dispute relating in any way to your use of TheParentingNotebook.com / ParentingNotebook.com or to products or services you purchase through TheParentingNotebook.com / ParentingNotebook.com shall be submitted to confidential, Mandatory Binding Arbitration in Orlando, Florida. You and The Parenting Notebook Company further agree that no Arbitrator will have the authority to award any relief or remedy in excess of or contrary to what is provided in this user agreement, except where such provision is not permitted under applicable law. The arbitrator's decision and award will be final and binding, and judgment on the award rendered by the Arbitrator may be entered into any court having jurisdiction. The law that is applied to this user agreement also will be applied in any arbitration proceeding. The cost of arbitration shall be paid for by the prevailing party.

  Notwithstanding this mandatory arbitration provision, to the extent you have in any manner violated or threatened to violate The Parenting Notebook Company and/or TheParentingNotebook.com / ParentingNotebook.com‘s intellectual property rights, The Parenting Notebook Company and/or TheParentingNotebook.com / ParentingNotebook.com may seek injunctive or other appropriate relief in any state or federal court in the United States and may bypass the Mandatory Arbitration provision of this Agreement.

You consent to exclusive jurisdiction and venue in the State of Florida, United States. Arbitration under this agreement shall be conducted under the rules of the American Arbitration Association. No arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.


Waiver of Jury Trial and Class Actions — BY ENTERING INTO THIS USER AGREEMENT, YOU AND The Parenting Notebook Company ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND The Parenting Notebook Company BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS USER AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND The Parenting Notebook Company BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

This Agreement will be adjudicated under the Laws of the State of Florida, without conflict of laws principles. Florida Courts and/or Florida Arbitrators will have exclusive jurisdiction to hear any disputes arising from this agreement. Venue shall be in the State of Florida, Orange County, United States only.

Disclaimers

THE PARENTING NOTEBOOK COMPANY, ANY OF ITS DIRECTORS, OWNERS, SHAREHOLDERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE UNDER ANY CIRCUMSTANCES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ANY AND ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, NEGLIGENCE, PUNITIVE DAMAGES AND CLAIMS OF THIRD PARTIES. UNDER NO CONDITIONS CAN DAMAGES EXCEED THE AMOUNT OF ACTUAL FEES PAID BY A USER OF THE SITE. PARTIES RECEIVING THE SITE AT NO COST SHALL NEVER BE ENTITLED TO ANY DAMAGES, FOR ANY CAUSE OF ACTION WHATSOEVER.

The views and statements expressed on this website represent the opinions of the authors, users and contributors and should not be considered scientific conclusions. Neither TheParentingNotebook.com, / ParentingNotebook.com or The Parenting Notebook Company or any of the authors or contributors of this site assume any liability for the information contained herein, regardless of the authenticity, correctness or truth of said information.

Specific medical advice should be obtained from a licensed health care practitioner. Information on this site is provided for informational or entertainment purposes and is not meant to substitute for the advice provided by a mental health or medical professional. You should not use the information contained in TheParentingNotebook.com / ParentingNotebook.com websites for diagnosing or treating a health problem or disease, or prescribing or using any medication, regardless of who posts said information.

HIPAA is an acronym for the Health Insurance Portability & Accountability Act of 1996 (August 21), Public Law 104-191, which amended the Internal Revenue Service Code of 1986. Also known as the Kennedy-Kassebaum Act. It is designed to protect your medical information. The act addresses medical providers and health care organizations. Please be advised that should you share this site with a medical care provider, that this site is not HIPAA compliant. For more information, go to: http://www.hhs.gov/ocr/hipaa/.

TheParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company make no warranties, express or implied as to the User Content or the accuracy and/or reliability of the User Content posted on or through the TheParentingNotebook.com / ParentingNotebook.com websites, whether caused by Users of the TheParentingNotebook.com / ParentingNotebook.com websites, by the software design of the websites or by any of the equipment or programming associated with or utilized in the TheParentingNotebook.com / ParentingNotebook.com websites. Further, such User Content does not necessarily reflect the opinions or policies of TheParentingNotebook.com / ParentingNotebook.com or The Parenting Notebook Company.

The Parenting Notebook Company does not warrant that TheParentingNotebook.com / ParentingNotebook.com websites, or any website to which these website are linked will be available at any particular time, will be provided in an uninterrupted or error-free manner or will be corrected if found to be defective.

In addition, The Parenting Notebook Company does not warrant that this website or the servers that make this website and its contents available will work with any particular hardware or software systems or configurations or are free of viruses or other harmful components.
Further, The Parenting Notebook Company does not warrant or make any representations regarding the use of the results of these websites or of their correctness, accuracy, reliability, timeliness or otherwise. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of these websites and your Notebook rests with you. If your use of these websites results in the need for servicing, updating, repairing or replacing your equipment or software, you, and not The Parenting Notebook Co, are exclusively responsible for those costs.

TheParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company take no responsibility for third party advertisements or third party applications that are posted on or through the TheParentingNotebook.com / ParentingNotebook.com websites, nor does it take any responsibility for the goods or services provided by its advertisers or sponsors.

TheParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company are not responsible for the conduct, whether online or offline, of any User of the TheParentingNotebook.com / ParentingNotebook.com services and websites. TheParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication or posting to their Notebook account.

The Parenting Notebook Company, TheParentingNotebook.com / ParentingNotebook.com are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the TheParentingNotebook.com / ParentingNotebook.com websites or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the TheParentingNotebook.com / ParentingNotebook.com websites.

Under no circumstances shall TheParentingNotebook.com / ParentingNotebook.com or The Parenting Notebook Company be responsible for any loss or damage, including personal injury or death, resulting from use of the TheParentingNotebook.com / ParentingNotebook.com services or websites. Attendance at an event sponsored, suggested or utilized by TheParentingNotebook.com / ParentingNotebook.com or The Parenting Notebook Company, or one of its users, sponsors or advertisers, is at your own risk, and The Parenting Notebook Company assumes no responsibility for any damage or injury resulting from your attendance or participation.

TheParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company expressly disclaim any warranty of fitness for a particular purpose. TheParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company cannot guarantee and do not promise any specific results from use of the TheParentingNotebook.com / ParentingNotebook.com websites and services.

This site is provided "as is," "with all faults" and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. TheParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company make no representations, warranties or conditions, express or implied and specifically disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions that access to or use ofTheParentingNotebook.com / ParentingNotebook.com websites will be uninterrupted or error-free.

There are no warranties that extend beyond the face of this agreement. In addition, TheParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company do not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability is subject to change without notice

Liability limitation in no event will The Parenting Notebook Company be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use, or inability to use TheParentingNotebook.com / ParentingNotebook.com services or websites, even if The Parenting Notebook Company has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, (4) intentional tort or (5) violation of a Statute, Law, Ordinance, Treaty or State or Federal regulation, or (6) any other cause of action. If you are dissatisfied with TheParentingNotebook.com / ParentingNotebook.com websites, or you have any other dispute or claim with or against The Parenting Notebook Company with respect to this agreement or the TheParentingNotebook.com / ParentingNotebook.com services or websites, then your sole and exclusive remedy is to discontinue using the websites. Under no conditions can damages exceed the amount of actual fees paid by a user of the website. Parties using the website at no cost shall never be entitled to any damages, for any cause of action, whatsoever, ever.

Family Notebook Disputes:You are solely responsible for your interactions with other TheParentingNotebook.com / ParentingNotebook.com users. TheParentingNotebook.com / ParentingNotebook.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other TheParentingNotebook.com / ParentingNotebook.com users.

Limited Statue of Limitations: The Parenting Notebook Companyagree that any cause of action arising out of or related to TheParentingNotebook.com / ParentingNotebook.com websites must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

You acknowledge and agree that TheParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company are not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortuous, or illegal content, or (2) any third party conduct, transmissions or data. Although Content will not be pre-screened, edited or reviewed by us, we reserve the right to refuse or delete any Content.

In addition, you acknowledge and agree that TheParentingNotebook.com / ParentingNotebook.com and The Parenting Notebook Company are not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of TheParentingNotebook.com / ParentingNotebook.com websites, (2) any incompatibility between TheParentingNotebook.com / ParentingNotebook.com websites and other websites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with TheParentingNotebook.com / ParentingNotebook.com websites in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties though links contained on TheParentingNotebook.com / ParentingNotebook.com websites.

Release: In the event that you have a dispute with a family member or other user of TheParentingNotebook.com / ParentingNotebook.com websites, you release The Parenting Notebook Company, their officers, directors, agents, subsidiaries, joint ventures, and employees from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Indemnity: You agree to indemnify and hold

The Parenting Notebook Company its subsidiaries, affiliates, officers, agents, employees and partners harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of, resulting from or in any way connected with the use, misuse, modification, misinterpretation of: (a) ANY BREACH BY YOU OF THIS USER AGREEMENT; (b) YOUR USE OF THIS WEBSITE, YOUR ACCOUNT(S) AND/OR YOUR SUBMISSION OF USER CONTENT; (c) YOUR PURCHASE OF ANY ITEM THROUGH THE WEBSITE; AND/OR (d) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH The Parenting Notebook Company IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Families outside the United States

This Website is hosted in the United States. If you are using this website from outside of the Unites States, please be advised that the laws and regulations governing data protection, data collection and use may differ from your Country and those of the United States. By using this website you are transferring your personal data to the United States. Your use of TheParentingNotebook.com / ParentingNotebook.com means you consent to all terms of this agreement, notwithstanding any conflicting laws and regulations in your home country and that you consent to the transfer of your personal data to the United States.

Entire Agreement

Except as expressly stated herein, this Agreement constitutes the entire agreement between you and The Parenting Notebook Company. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Parenting Notebook Company.

 

PRIVACY POLICY

 

At The Parenting Notebook Company, privacy is paramount. In addition to our website privacy policy, The Parenting Notebook Company strives to protect the privacy of all of the information we gather, both online and off.

We will never disclose the name or address of any child or parent in our database to anyone, unless compelled to do so by a Court Order or subpoena.

Our Privacy Policy (as of the most recent effective date) (the “Privacy Policy”) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to this Privacy Policy, we will notify you of the changes by posting the revised version on our Websites. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Websites. All other posted guidelines or rules applicable to any individual use of the TheParentingNotebook.com / ParentingNotebook.com websites will form part of this User Agreement.

This privacy policy discloses how we collect, protect, and use information you post on our site, as well as how we protect your privacy and your child's privacy. By using this website, you are accepting the practices described in the Privacy Policy and Terms of Use.

When you register as a user of this site, we collect personally identifiable information regarding you and the other participants included in your family Notebook. We collect only the information you provide to us. We also may use your information to pre-fill fields to save you from entering the same information over and over again. You may use as much or as little of the site as you choose. Access to your account (“Notebook”) is limited to those in your family Notebook.

YOUR PASSWORD. When you create your account (“Notebook”), you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another notebook member at any time or to disclose your password to any member or third party. You agree to notify The Parenting Notebook Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You should never give your login name and password to anyone.

CHILDREN'S PRIVACY POLICY

The Parenting Notebook is committed to complying fully with the Children's Online Privacy Protection Act of 1998 (COPPA) Notice of our information practices are explained below as required by the Federal Trade Commission's Children's Online Privacy Protection Regulations.

The Children's Online Privacy Protection Act (COPPA) protects the personal information of children under the age of 13. This applies to individually identifiable information about a child that is collected online, such as full name, home address, email address, telephone number or any other information that would allow someone to identify or contact the child. The Act and Rule also cover other types of information—for example, hobbies, interests and information collected through cookies or other types of tracking mechanisms—when they are tied to individually identifiable information. You can read more about COPPA from: http://www.ftc.gov/ogc/coppa1.htm.

The Parenting Notebook is committed to providing a safe and secure online experience for children who are registered to use our site. We are dedicated to safeguarding all personal information collected online. Consistent with the Children's Online Privacy Protection Act of 1998, we will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. You agree that parental consent may be obtained electronically, during the sign up process or via email.

Parents can revoke their consent and ask that information about their children be deleted from the site by contacting our offices by phone at (407) 595-5721 or via email: PRIVACY@TheParentingNotebook.com To do this or to review personal information collected from children; we must verify the identity of the requesting parent. When a parent revokes consent, we will stop collecting, using, or disclosing information from or about that child.

The site contains a public view page for children. This will only be used by other children whose parents have registered to use TheParentingNotebook.com/ ParentingNotebook.com websites. Children can participate in polls and surveys, as well as submit comments, artwork, writings, photos and other submissions for posting on our Website. We encourage children to use an alias (e.g., "Bookworm", "Skater", etc.), first name, nickname, initials, or other alternative to their full name when selecting a screen name.

Children's Online Privacy Protection Act of 1998 Disclosures

(A) Contact Information:   "Operators"

● The Parenting Notebook Company is the owner/developer of the site content. Lyzette SanGermain is the Founder / CEO of The Parenting Notebook Company. Address: 12565 Research Parkway, Suite 300, Orlando, FL 32825, Telephone: 407-595-5721
Lyzette@TheParentingNotebook.com

● Computer Solutions Engineering, Inc. is the webmaster, programmer and hosting company for the website.
209 San Carlos Ave., Sanford, FL 32771, 407-878-4977
webmaster@TheParentingNotebook.com

(B) Information Collected

(C) How information collected is used

Information is used by the families posting the information. The parents’ control who has access to the information posted by them and who has access to the information posted by their children.

(D) Third Party Disclosure

The Parenting Notebook Company does not disclose information to third parties except when (a) the person submitting the information (You) authorize us to share it; (b) sharing the information is a necessary operation of the site, for instance, to process a credit card transaction, or (c) we are required to by law. The Parenting Notebook Company has no control over or responsibility for the data collection and use practices of third parties that process online transactions.

(E) Participation

The Parenting Notebook Company does not prohibit the participation in any activity based on requiring more personal information.

(F) Review or Deletion of Privacy Data

TheParenting Notebook Company will make a child's information available for review by the child's parents and any other user of your Notebook which both parents’ have given permission to view.  Any parent wishing to review or have deleted personally identifiable information about their child should contact us immediately at Privacy@TheParentingNotebook.com.

A Final Note to Parents

The Internet offers a world of opportunity and education for children. Your guidance and involvement are essential to help ensure that children have a safe and enriching online experience. The Direct Marketing Association (http://www.the-dma.org) has a program to help educate parents and children of best internet practices. http://www.cybersavvy.org/cybersavvy/index.html.

Get CyberSavvy! can help families learn how information flows online so they can use the Internet in ways that protect their privacy and the privacy of their children. It also contains a number of valuable resources to help parents and children be aware of and express their preferences about information that is collected online and how it is used. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.