Terms of Use

Last Updated: September 29, 2020

Please read the following statements carefully. By using our website located at http://www.preparedparents.org and the services, including Unboxed by Prepared Parents (collectively, the “Services”), you agree to be bound by these Terms of Use, which incorporate the Prepared Parents Privacy Policy. If you do not agree to these Terms of Use, in whole or in part, please exit this Website and discontinue use of our services immediately.

PLEASE NOTE THAT THESE TERMS CONTAIN A DISPUTE RESOLUTION AND A BINDING ARBITRATION PROVISION, WHICH INCLUDE A CLASS ACTION WAIVER, THAT AFFECT YOUR RIGHTS UNDER THESE TERMS OF USE AND CONCERNS DISPUTES YOU MAY HAVE WITH THE SERVICES.

INTRODUCTION

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 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. Please note that we may refuse registration, cancel an account, or deny access to the Services for any reason.

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 info@preparedparents.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.

OUR PRIVACY POLICY

Our Privacy Policy is incorporated by reference into these Terms of Use. Please review our Privacy Policy for more information about the data we collect and how we use, share, and protect it.

OUR COMMUNICATIONS TO YOU

You agree that we can provide notices and messages to you related to the Services in the following ways: 

  1. within the Services, or 
  2. sent to the contact information you provided us (e.g., email, mobile number, physical address). 

To ensure our communications reach you, you must keep your contact information up to date. Please see our Privacy Policy for more information on how we may contact you, and how you may unsubscribe from these communications.

YOUR COMMUNICATIONS TO US

Our Services include features that require you (e.g. account registration) and enable you (e.g. volunteer to answer a survey) to provide information and content. As between you and us, you own your content and information that you submit or post using the Services, and you are only granting us a worldwide, transferable, 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 our Website, and you may be able to submit suggestions, reviews, concepts, audio, and video recordings, photographs, artwork, or other materials on the Website. 

In order to submit content, you must be at least age 18 or have parental consent to submit the content. 

If you submit content to us that includes personal information, the personal information will be subject to and limited by our Privacy Policy.

INTELLECTUAL PROPERTY

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 have accepted our Terms of Use and any other policies or guidelines issued by Prepared Parents. You may only use the Services in accordance with all applicable federal and state laws, including, but not limited to, laws regarding privacy and intellectual property.

By using the Services, you agree that you will not directly or indirectly through a third party:

  1. 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;
  2. Use or attempt to use another person’s account or registration;
  3. Disable, circumvent, or intentionally bypass any security feature, access controls, or use limits of the Services;
  4. Violate the intellectual property rights of others;
  5. Use the Services if not permitted by applicable law;
  6. 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;
  7. Use the Services for any fraudulent or inappropriate purpose; or
  8. Act in any way that violates the Terms of Use, as may be revised from time to time;
  9. Imply or state that you are affiliated with or endorsed by Prepared Parents without our express consent; or
  10. 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.

  1. To file a notice of infringing material found in the Services, please provide a notification containing the following details:
  2. Identification of the copyrighted work claimed to be infringed or, if multiple works, a representative list of such works;
  3. Identification of the material on in the Services that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  4. Your contact information (address, telephone number and, if available, an email address);
  5. 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;
  6. 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
  7. 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
780 Broadway
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. 

We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites.

INDEMNIFICATION

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

We may terminate or suspend your account at any time, without prior notice or liability, for any reason including, but not limited to, breach these Terms of Use. Upon termination, your right to use the Services will cease immediately. 

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. 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.

EXCLUSION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, WE AND THIRD PARTIES ARE NOT LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU THAT RESULTS FROM YOUR USE OF THIS SITE OR YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

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.

GOVERNING LAW 

These Terms of Use, including the Privacy Policy, and the Services will be governed by the laws of the State of California applicable to contracts made and performed there without regard to its conflicts of law principles. 

DISPUTE RESOLUTION

If you have any concerns or disputes about these Terms of Use, the Privacy Policy, or the Services, you agree to first try to resolve the dispute informally by contacting Prepared Parents. We’ll try to resolve the dispute informally by contacting you via email. If a dispute pertaining to a valid legal claim is not resolved within 30 days of submission, you or Prepared Parents may bring a formal proceeding.

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.

ARBITRATION

IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

We Both Agree to Arbitrate. You and Prepared Parents agree to resolve any claims relating to these Terms of Use or the Services through final and binding arbitration by a single arbitrator, except as set forth under the section “Exceptions to Agreement to Arbitrate” below. This includes disputes arising out of or relating to interpretation or application of this “Arbitration” section, including its enforceability, revocability, or validity.

Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting Prepared Parents via email to info@preparedparents.org 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. 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

It is our belief that these Terms of Use do not contain any provision contrary to current law or regulations. However, if a court determines that any part of these Terms of Use is illegal, invalid, or unenforceable, you agree that the challenged part will be enforced to the extent permissible to achieve the intent of these Terms of Use, and the remaining parts of the Terms of Use will be deemed valid and enforceable.

WAIVER

If Prepared Parents does not act to enforce a breach of these Terms of Use or act to enforce a breach of these Terms of Use promptly, that does not mean that we have waived our right to enforce these Terms of Use. Any waiver by us must be in writing.

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.

CHANGES TO TERMS OF USE

Prepared Parents may modify, update, or replace our Terms of Use from time to time at our sole discretion. If we make a material revision to the Terms of Service, we will use reasonable efforts to provide you at least ten (10) business days’ notice before the new Terms of Use taking effect. Prepared Parents will determine in our sole discretion what changes constitute a material change. 

If you continue to use the Services after the updated Terms of Use become effective, your continued use will be understood to mean that you have consented to and accepted the updated Terms of Use. If you do not agree to the updated Terms of Use, in whole or in part, you must stop using the Services, including the Website. 

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. 

GOVERNING LAW

These Terms of Use, including the Privacy Policy, are the entire agreement between you and us and supersede any prior understandings (oral or written). 

CONTACT US

If you have any questions about these Terms of Use, you can contact us by email at info@preparedparents.org.