Last Updated: January 20, 2021
Welcome! Prepared Parents is here to give parents the tools to support success at home, and the confidence to champion change at school. A “winner take all” approach to learning leads to competitive parenting and inequitable schools, and this hurts the success of all kids. We believe that learning must evolve beyond academics to include the habits and skills that prepare kids for success in life. Prepared Parents (“we,” “us,” “our” or “Prepared Parents”) is supported by Summit Public Schools, a nationally-recognized public school network with 15 middle and high schools in the States of California and Washington.
CREATING AND MANAGING YOUR ACCOUNT WITH PREPARED PARENTS
Creating an Account. You can browse and read content on our Website without creating an account. If you would like to use certain features of our Website or our Services, including UNBOXED by Prepared Parents, you will need to create an account.
If you wish to create an account, you will need to submit information, such as your username, first name, and email address, and create a password. In creating an account, you represent to us that all information you provide in such process is true, accurate and correct, and that you will update your information as necessary to keep it accurate. Please note that we may refuse registration, cancel an account, or deny access to the Services for any reason at any time, in our sole discretion.
When you create an account with Prepared Parents, you are responsible for anything that happens through your account. You will be responsible for keeping your username and password confidential. If you discover that someone has used your account without your permission, you agree to notify us immediately via email to firstname.lastname@example.org.
Notice Concerning Children. Our Website is intended for a general audience website. We do not directly engage with children, specifically children who are under age 13. We are committed to respecting children’s privacy online. If we learn or have reason to suspect that an account has been created by a user under age 13 or a Website visitor is under age 13, we will promptly delete any personal information from the user or visitor. If you submit information about a child, you represent and warrant that you have all necessary rights, power, and authority to submit such information. Users between 13 and 17 must have parental permission to use the Services.
OUR COMMUNICATIONS TO YOU
You agree that we can provide notices and messages to you related to the Services in the following ways:
- within the Services, or
- sent to the contact information you provided us (e.g., email, mobile number).
YOUR COMMUNICATIONS TO US
Our Services include features that may enable you to provide information (e.g. volunteer to answer a survey) and content (e.g., comments). As between you and us, you own your content and information that you submit or post using the Services, and you grant us a worldwide, transferable, perpetual, and sublicensable right to use, copy, modify, distribute, and process, feedback, information, and content that you provide through our Services (including surveys, feedback, and suggestions), without any further consent, notice, and/or compensation to you or others.
We may host message boards, blog feeds, social media feeds, and other forums on the Services, and you may be able to submit suggestions, reviews, concepts, audio, and video recordings, photographs, artwork, or other materials on the Services.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion , including if content is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. We take no responsibility and assume no liability for any content posted by you or any third party.
By using the Services, you agree to obey the law and to respect the intellectual property rights of others. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. The burden of proving that any content does not violate any laws or third-party rights rests solely with you. You will be solely responsible for any violations or infringements of third-party rights. If you wish to use any content located within the Services, you must contact the original author for permission.
We reserve all of our intellectual property rights and other proprietary rights in the Services. Using the Services does not give you any right, title, or interest in our Services or the content made available through our Services that is not already yours. You may copy or distribute the materials contained on our Website and in the Services to the persons registered on your account but only for personal, non-commercial, educational, or public policy use, distributed free of charge with proper credit to Prepared Parents, without modification.
You may not use our logos and other trademarks, service marks, graphics, or trade dress in connection with any product or service without our prior written consent.
ACCEPTABLE USE OF THE SERVICES
By using the Services, you agree that you will not directly or indirectly through a third party:
- Share personal information of any person without their consent or, for persons under the age of 18, without the consent of their parent or legal guardian;
- Use or attempt to use another person’s account or registration;
- Disable, circumvent, or intentionally bypass any security feature, access controls, or use limits of the Services;
- Violate the intellectual property rights of others;
- Use the Services if not permitted by applicable law;
- Use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Prepared Parents;
- Use the Services for any fraudulent or inappropriate purpose; or
- Imply or state that you are affiliated with or endorsed by Prepared Parents without our express consent; or
- Rent, lease, loan, trade, sell/ re-sell, or otherwise monetize the Services.
COPYRIGHT COMPLAINTS; DMCA COMPLIANCE
We respect the intellectual property rights of others and request that users of our Services do the same. If you believe that your work has been infringed under copyright law, please follow the instructions below for notifying our Digital Millennium Copyright Act (“DMCA”) designated agent at the address below.
- To file a notice of infringing material found in the Services, please provide a notification containing the following details:
- Identification of the copyrighted work claimed to be infringed or, if multiple works, a representative list of such works;
- Identification of the material in the Services that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Your contact information (address, telephone number and, if available, an email address);
- A statement that you have a good faith belief that the use of the material identified in Requirement #2 is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
Correspondence to Prepared Parents’ Designated Agent shall be addressed to:
Prepared Parents, Attn: DMCA Designated Agent
Redwood City, California 94063
THIRD-PARTY WEBSITES AND CONTENT
The Services may include content and hyperlinks originating from and created by third parties that we do not own or control. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. You agree that we are not responsible for any such third-party content and websites. We have no obligation to monitor such third-party content and websites.
To the extent permitted by law, you agree to indemnify, defend and hold Summit Public Schools, a California nonprofit public benefit corporation, and each of its officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising from or in any way related to your use of the Services. In such an event, Prepared Parents will provide you with written notice of such claim, suit, or action. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses
SUSPENSION AND TERMINATION
You may terminate your account and terminate your use of Services at any time and for any reason. If you wish to terminate your use of the Services, you may simply discontinue using the Services.
If you are dissatisfied with any terms, conditions, rules, policies, guidelines, or practices of Prepared Parents, your sole and exclusive remedy is to discontinue using the Services.
DISCLAIMER AND LIMIT OF LIABILITY
No Warranty. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ANY DUTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IN THIS SITE IS WITH YOU. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING VIA DOWNLOAD) ANY CONTENT AT YOUR OWN RISK.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE AND THIRD PARTIES DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE AND THIRD PARTIES ARE NOT LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF PREPARED PARENTS AND OUR AFFILIATES UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICES OR $100 U.S. DOLLARS.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations outlined in this section shall be applied to the greatest extent enforceable under applicable law.
To the extent permitted under applicable law, we each agree that all claims and disputes shall be resolved through the arbitration provisions below or, if necessary, exclusively in the federal or state courts in San Francisco or San Mateo Counties, California. We both agree to the exclusive personal jurisdiction and venue in those courts.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting Prepared Parents via email to email@example.com and submitting a request to opt-out from the agreement to arbitrate within 30 days of first registering your account. However, if you agreed to a previous version of these Terms that allowed you to opt-out of arbitration, your previous choice to opt-out or not opt-out remains binding.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, San Mateo County, California, or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees.
Exceptions to Agreement to Arbitrate. Either you or Prepared Parents may assert claims, if they qualify, in small claims court in San Francisco, California, or any United States county where you live or work. Small claims court, and not any arbitrator or AAA, shall have the exclusive authority to resolve disputes regarding whether a dispute is properly within the jurisdiction of a small claims court. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California, or San Mateo County, California to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Arbitration” section will be deemed void.
SEVERABILITY AND WAIVER
CHANGES TO THE WEBSITE AND SERVICE
Prepared Parents reserves the right to modify, suspend, or discontinue the Website or the Services with or without notice at any time and without any liability to you.
NOTE TO USERS OUTSIDE OF THE UNITED STATES
Prepared Parents operates from within the United States and is governed by state and federal law. If you access our Services from locations outside of the United States, you do so at your own risk and you are responsible for compliance with any local laws. You may not use the Services if such use does not comply with local law or regulations.
SMS TERMS AND CONDITIONS
We may seek to send messages to you on your wireless device (“Text Messaging”). By joining a text message program, you give us your prior express written consent to receive Text Messaging, including Prepared Parent and UNBOXED information, from us or our agents to the phone number you provide us using automated or non-automated technology, and/or prerecorded messages, even if your number is listed on the federal or state “do not call” registries. You are not required to agree to receive promotional text messages to purchase goods or services from us. Message and data rates may apply.
You represent that you are the owner or authorized user of the device you use to sign up for Text Messaging and that you are authorized to approve the applicable charges. You may not consent on behalf of someone else. You must be 18 years of age or older and reside in the United States to use our Text Messaging.
You must first register and provide all required information, such as your name, and mobile phone number. Through the provision of our Text Messaging service, we and our service provider may receive and store data about text messages exchanged, including the date and time of the text message, your phone number, and the content of the text message. We will use the information we obtain in connection with Text Messaging in accordance with these Terms.
We may send you an initial message confirming that we have received your opt-in to Text Messaging. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our Website and Services and whether you take steps to generate additional text messages from us (such as by sending a HELP request).
To opt out of Text Messaging at any time, you must text “STOP” in response to any such text messages. You agree that texting “STOP” in response to our text message is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than “STOP” or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. We may send you a text confirmation of your opt-out. If you opt out of your subscription text messages, we may still contact you about your transactions with us.
You agree to enter into, sign and receive this consent to receive text messages electronically. Print or download these terms using your Internet-connected computer or device and web browser to retain a copy of your consent. You can withdraw your consent electronically. Email us at firstname.lastname@example.org to request a copy of your consent or revoke your consent. For a free paper copy, or to update our records of your contact information, email us at email@example.com with contact information and the address for delivery.
Mobile access is required for Text Messaging, and text messages are not available on some carriers and devices. As of January 20, 2021, our text messages can be sent through carriers operating in the United States and other countries. The content is not compatible with all cell phone models, and the available carriers listed above may change at any time. Prepared Parents and the mobile carriers (e.g. T-Mobile) will not be liable for any delayed or undelivered messages.