The Connected Parent Terms of Service Last Updated: 8/25, 2023
2. PERMITTED USERS.
• No Children Under the Age of 13. This Service is not intended to be used by children under the age of 13. Do not use the Service if you are under the age of 13. By using the Service, you represent to TCP that you are 13 years old or older. If we learn or have reason to suspect that a user is under the age of 13, we will promptly terminate their account. If you are between the ages of 13 and 18 years old, by using the Service, you represent to TCP that you have permission from your parent or legal guardian to use, access, and interact with the Service, and with The Connected Parent and its representatives in connection with the Service.
• No Users Outside of the U.S. The Connected Parent is based in the State of California in the United States. The Service is only provided for, and intended to be used by, persons located in the United States. We make no representations or claims that the Service is accessible or appropriate for use outside of the United States. By using the Service, you represent to The Connected Parent that you are located in the United States. Do not use the Service if you are located outside of the United States.
3. CHANGES TO THESE TERMS.
4. ACCOUNTS. In order to access and use certain features of the Service, you will be required to create an account, username, and password, and to provide certain information about yourself. You represent and warrant that all account information you submit shall be truthful and accurate, and you will keep it up to date. You are solely responsible for maintaining the confidentiality of your password. You agree that you shall be solely responsible for all activities, including any harm, originating from your account. You hereby agree to promptly notify us if you become aware of any unauthorized use of your account, username, or password.
5. COMMUNICATIONS FROM TCP. By accessing or using the Service, you consent to receive communications from other users and from us through the Service or through other means, such as emails, newsletters, messages, and notifications, in connection with your use of and access to the Service, providing the Service, or promoting The Connected Parent and our services. If you would like to opt-out of certain communications, you may submit your request to firstname.lastname@example.org, or, if applicable, you may follow the instructions for unsubscribing to such messages included in the relevant message.
6. USER CONTENT, TCP CONTENT, & FEEDBACK.
• Content. As used in these Terms, “Content” means any text, images, photographs, audio, video, and all other forms of data, materials or communications. “User Content” means Content submitted or transmitted to, through, or in connection with the Service by users, such as ratings, reviews, messages, activity on the Service, and information submitted to user pages or profiles. “TCP Content” means any and all Content that we create and make available in connection with the Service, including features, graphics, designs, compilations (including Content selection, arrangement, and coordination), computer code, software, aggregate ratings, and all other components other than User Content or any other third-party content.
• Your User Content. By submitting any User Content, you represent that you own or have the necessary permissions to use, authorize the use of, and submit such Content, as described herein. You understand and acknowledge that once Content is posted or submitted to or through the Service, it cannot always be deleted or removed, and that all User Content is non-confidential and non-proprietary. You are solely responsible for your User Content, and you hereby assume any and all risks in connection with your User Content, including anyone’s reliance on such Content, or any such Content that violates our Terms. We reserve the right to remove, screen, edit, or reinstate User Content in our sole discretion, without notifying you.
• Our Right to Use Your User Content and Feedback. By submitting User Content to or through the Service, you hereby grant The Connected Parent an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable license and right to use, display, reformat, modify, copy, translate, prepare derivative works of, promote, and distribute your User Content for any purpose. We may display advertisements, sponsored content, or other information near or in association with your User Content. You are not entitled to any compensation for, and have no approval rights in connection with, any such material. By sending us any comments, suggestions, ideas, improvements, proposals, or similar items (collectively, “Feedback”), you understand and agree that (i) you grant us an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable license and right to use, modify, prepare derivative works of, publish, sublicense, assign, and distribute your Feedback for any purpose; (ii) we are not obligated to review, consider, implement, or protect the confidentiality of any Feedback, or to return any Feedback; and (iii) you are not entitled to compensation for any Feedback. By submitting any User Content or Feedback, you hereby waive any claims and assertions of moral rights with respect to your User Content and/or Feedback to the maximum extent permitted by applicable law.
7. OWNERSHIP. As between you and TCP, you own your User Content, and we own the TCP Content. We also own all intellectual property rights in connection with the TCP Content and the Service, including any copyrights, trademarks, service marks, trade names, trade secrets, and any other proprietary rights. You are prohibited from selling, licensing, copying, publishing, modifying, reproducing, distributing, creating derivative works of, displaying, or using or exploiting in any other way, the TCP Content, without our express prior written consent. Except as expressly provided herein, we shall retain all rights in and to the Service and TCP Content.
8. INTELLECTUAL PROPERTY & COMMUNITY GUIDELINES. The Connected Parent is committed to creating and maintaining an online service, community, and platform that is helpful, informative, welcoming, courteous, and built upon mutual respect. We also take the intellectual property and other rights of third parties seriously. By using, accessing, or visiting our Service, you agree to follow and abide by our (i) Infringement Policy [https://www.theconnectedparent.net/infringement-policy/] and (ii) Community Guidelines Community Guidelines [https://app.theconnectedparent.net/terms-conditions/].
• Violate the Community Guidelines, Infringement Policy, or other Terms;Violate any applicable federal, state, local or international law, rule, or regulation;
• Use the Service in a manner which exploits or harms minors in any way, or which is likely to do so ;
• Engage in any activity or conduct that restricts, inhibits, or prevents use or access to the Service by any other person, or that may harm the Service, users, or TCP, or expose them to harm or liability;
• Violate any security features, including accessing content not intended for you, logging into an account without authorization, probing, scanning, or testing the vulnerability of the Service or associated systems, servers, databases, or networks, or breaching any security, authentication, or similar measures;
• Introduce any virus, Trojan horse, worm, logic bomb, or other malicious or harmful material;
• “Overload”, “flood”, “spam”, or “crash” the Service or engage in similar conduct;
• Send or transmit “junk mail”, “chain letters”, “spam” or solicitations to or through the Service;
• Attack the Service via a denial-of-service attack or distributed denial-of-service attack, or engage in any other conduct or activity that could disable, overburden, damage, or impair the Service;
• Use any robot, spider, site search/retrieval application, or other automatic, process, device, or other means to access, scrape, copy, extract, or index the Service, any portion of the Service, or any TCP Content for any purpose whatsoever;
• Use the Service for any purpose other than your own personal, non-commercial use, or in any manner other than the intended use of the Service, as determined by TCP in our sole determination;
• Interfere with the proper functioning of the Service in any way, as determined by TCP in our sole determination;
• Attempt to do any of the foregoing; or
• Assist, encourage, or enable any other person to do any for the foregoing.
10. MONITORING, ENFORCEMENT, & ACCOUNT TERMINATION. While we are under no obligation to enforce the Terms, we reserve the right to investigate actual or potential violations and take appropriate action, in our sole discretion. We encourage you to contact us if you believe you are aware of any violation of these Terms. We reserve the right to (i) take any action with respect to Content, which we deem reasonable, necessary, or appropriate, in our sole discretion, including if we believe that any User Content violates the Community Guidelines, Infringement Policy, or other Terms, violates the rights of any person or entity, threatens the safety of users or the public, or could create liability for TCP; (ii) disclose your identity or information about you to any third party who claims that material posted by you violates their rights, including their intellectual property or privacy rights; (iii) take appropriate action for any illegal or unauthorized use of the Service; (iv) terminate or suspend your account and/or access to all or part of the Service; or (v) remove or refuse to post all or part of any User Content for any reason or for no reason, in our sole discretion. However, we do not undertake to review all non-TCP Content before it is posted, and we cannot ensure prompt removal of objectionable material. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or other Content provided, posted, or submitted by any user or by any third party. We shall have no liability or responsibility to anyone for any performance or nonperformance of the activities described herein.
11. MODIFICATIONS AND ACCESS TO THE SERVICE. We reserve the right to modify, suspend, discontinue, remove, restrict access to, disable, or withdraw any aspect or feature of the Service for any reason and at any time, in our sole discretion, without prior notice.
12. THIRD-PARTY SITES & SERVICES. Our Service may include links to third-party websites and businesses. You understand, acknowledge, and agree that we do not control or endorse, and we are not responsible for, any third-party website or business. If you choose to access or visit any such third-party website or business, you do so at your own risk. The Connected Parent (i) makes no representations or warranties of any kind (express or implied) regarding, and (ii) makes no guarantee regarding the accuracy, completeness, or suitability of, any third-party websites, businesses, information, products or services.
13. NO ADVICE; ASSUMPTION OF RISK. The information and Content provided on or through the Service is provided for general informational purposes only. We do not warrant the accuracy, completeness, suitability, or usefulness of this information, or whether such information is appropriate for you. Your use of the Service is at your own risk, including the risk that Content may be inaccurate, objectionable, incomplete, out of date, lacking adequate warning about risks or hazards, or otherwise inappropriate. The Service includes User Content and other Content provided by third parties, which may include information, materials, reviews, ratings, advertisements, guest blog posts by third parties, and other information (collectively, “Third-Party Content”). Third-Party Content does not reflect the opinion of The Connected Parent, and we are not responsible or liable for the content or accuracy of any Third-Party Content. All Third-Party Content is the sole responsibility of the person or entity who provided it.
14. DISCLAIMER OF WARRANTIES. You understand, acknowledge, and agree that using services on the internet, such as the Service, carries inherent risk. We cannot and do not guarantee or warrant that the Service will be free of viruses or destructive code. You are solely responsible for implementing anti-virus and other procedures and protections, suitable for your particular needs. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONNECTED PARENT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF THE SERVICE, YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICE, OR YOUR USING, ACCESSING, OR VISITING LINKS TO ANY THIRD-PARTY WEBSITES POSTED ON OR LINKED TO THE SERVICE. YOUR USE OF THE SERVICE, ITS CONTENT, OR ANY THIRD-PARTY WEBSITES LINKED TO THE SERVICE, IS AT YOUR OWN RISK. THE SERVICE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE CONNECTED PARENT NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE OR ANY OF ITS CONTENT OR FEATURES. WITHOUT LIMITING THE FOREGOING, NEITHER THE CONNECTED PARENT NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICE AND ITS CONTENT, OR ANY OF THE GOODS, SERVICES, OR BUSINESSES MENTIONED, REVIEWED, AND/OR LINKED TO ON THE SERVICE, WILL BE ACCURATE, RELIABLE, SUITABLE, APPROPRIATE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONNECTED PARENT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL (i) THE CONNECTED PARENT OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, REPRESENTATIVES, AND AFFILIATES (collectively, the “TCP Parties”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY OF ITS CONTENT, OR ANY WEBSITES LINKED TO THE SERVICE, EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (ii) THE TOTAL CUMULATIVE LIABILITY OF THE TCP PARTIES ARISING FROM OR IN CONNECTION WITH THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $100.
16. LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICE OR TERMS, MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.
17. INDEMNITY. By using or accessing the Service, you agree to indemnify, defend, and hold harmless The Connected Parent and the other TCP Parties from and against any and all third-party claims, actions, demands, losses, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) relating to or arising from your access to or use of the Service, including without limitation, your User Content, your violation of these Terms or any representation or warranty thereunder, and any products or services purchased or obtained from a Business or otherwise in connection with the Service.
18. GOVERNING LAW & JURISDICTION. You understand, acknowledge, and agree that all matters and disputes relating to the Service or Terms (“Disputes”) shall be governed by and construed in accordance with the laws of the State of California, notwithstanding any conflict of law provisions. The state courts located in the County of Marin, California, and the federal courts located in the City and County of San Francisco, California, as applicable, shall have exclusive jurisdiction over any cause of action arising out of or related to any Disputes. You hereby waive any and all objections to venue in, and the exercise of jurisdiction over you by, such courts.
19. DISPUTE RESOLUTION & ARBITRATION. By using or accessing the Service, you agree that, in the event of a Dispute or other issue between you and TCP, you shall promptly notify us in writing of the issue and negotiate with us in good faith to resolve the matter. We reserve the right, in our sole discretion, to require you to submit any Disputes to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
20. GENERAL TERMS.
• Termination & Survival. The Terms shall remain in full force and effect as long as you continue to use or access the Service, and until terminated. You may terminate these Terms by closing your account and providing notice of termination to us. We may terminate these Terms by closing your account, terminating your access to the Service, or banning you from the Service. The provisions of these Terms that by their sense and context are intended to survive termination (including without limitation, Sections 6, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, and 20 hereof) shall survive any termination of the Terms.
• Entire Agreement. The Terms constitute the entire agreement between you and The Connected Parent regarding the Service, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties of any kind regarding the Service.
• Severability. If any part of these Terms is held by a court or other government entity of competent jurisdiction to be unlawful, void, or unenforceable for any reason, that part will (i) be deemed severable, (ii) not affect the validity and enforceability of any remaining provisions, and (iii) be reformed by such court or entity and enforced to the fullest extent lawful, valid, and enforceable.
• Waiver. TCP’s failure to assert any right hereunder shall not constitute a waiver of such right. No waiver by TCP of any term or condition herein shall be deemed to be a further or continuing waiver of such term or condition, or a waiver of any other term or condition.
• Assignment. These Terms shall be binding on the parties, their respective successors, and their permitted assigns. These Terms may not be assigned by you without our prior written consent. TCP may assign these Terms without restriction, except as otherwise provided by applicable law.
• Headings. The headings in these Terms are provided for convenience only.
Last Updated: July 19th, 2022
At The Connected Parent, our goal is to connect you with resources such as businesses, professionals, and service providers (each, individually, a “Business,” and collectively, the “Businesses”) reviewed by parents and caregivers like you, with the specialties, experience, and areas of focus that are important to you,. We expect everyone who uses our Service to treat one another, the Businesses, the Service, The Connected Parent, and our representatives, with honesty, courtesy, and respect. These Community Guidelines are intended to set the tone and standards of conduct for the Service, in order to create and maintain an online Service, community, and platform that is helpful, informative, and welcoming. We reserve the right to remove all or part of any Content that does not comply with these Community Guidelines, without prior notice, in our sole discretion. Defined terms not defined in these Community Guidelines shall have the meanings set forth in our Terms of Service [https://app.theconnectedparent.net/terms-conditions/] (the “Terms”).
- Respect & Courtesy: We expect all users of our Service to treat one another, the Businesses, The Connected Parent, our representatives, and the Service with honesty, courtesy, and respect. While reviews should be honest and accurately reflect your experience, all User Content must also be courteous and respectful. To that end, we encourage users to provide negative feedback in a constructive and respectful manner. Users shall not, under any circumstances, post any Content that attacks, defames, slanders, harasses, threatens, or disparages any person or entity, or which violates the Terms or the rights of any third party, including any privacy, publicity or intellectual property rights. Users shall not engage in or promote bigotry or discrimination. We also strongly discourage the use of profanity on the Service.
- Honesty & Accuracy: All reviews and other User Content must be truthful, factually correct, and not misleading. Users are encouraged to express their opinions and be candid about their experiences in a constructive, informative, and respectful manner. Users are prohibited from exaggerating or misrepresenting their experiences, and from impersonating TCP, any of its representatives, any Business, or any other person.
- Relevance: You should only post reviews and related User Content (“Reviews”) that are appropriate for the Service as a public forum. Reviews should address your personal experience with the relevant Business and should be informative to the TCP community. Reviews should not include rants, extraordinary circumstances, profanity, or other matters that are not related to the Business’s goods, services, or core customer experience. Reviews may not be used to demand or extract payment from a Business, or to attempt to do so.
- Objectivity: Reviews must be unbiased and objective. Providing or receiving compensation of any kind in connection with posting, refraining from posting, or removing any Reviews or any other Content to or from the Service is strictly prohibited. Users may not post Reviews related to their own or their employer’s Business.
- Updating Reviews: Reviews may be updated to reflect new or additional experiences with the relevant Business. You may also post new insights into previous experiences, when appropriate. However, you may not post excessive, irrelevant, unnecessary, or otherwise inappropriate Review updates, in our sole determination.
- Messaging: You may not use any messaging, comment, or other features of the Service to harass, threaten, stalk, or intimidate any person or business, to send any inappropriate Content, or in connection with compensating or incentivizing any person in connection with any Review (or attempting to do so).