THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR A SUBSCRIPTION TO THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT.
YOU MAY NOT ORDER OR OBTAIN A SUBSCRIPTION TO THE SERVICES IF YOU DO NOT AGREE TO THIS AGREEMENT OR ARE NOT THE OLDER OF 18 YEARS OF AGE OR LEGAL AGE TO FORM A BINDING CONTRACT WITH PFP.
This Agreement governs all uses of Services that we make available to you. The “Services” include the Postcards for Parents website and all of the content published in or through it (including live video broadcasts that it publishes from time to time) and email messages that Postcards for Parents sends to people who sign up to receive them. The Services include the Free Services (defined below) and features, services and content made available only to subscribers.
We may update this Agreement at any time, without prior notice to you. Any changes to this Agreement will be in effect as of the "Last Updated" date above. You should review this Agreement before signing up for any subscription or using any Services. Your continued use of the Services after the "Last Updated” date will constitute your agreement to such changes.
We may make certain Services available to you at no charge (“Free Services”). Your use of Free Services is subject to this Agreement and to any terms or conditions that we may publish in the Services themselves. Using Free Services does not provide you with any rights or licenses relating to subscription-based Services. We may change or discontinue Free Services at any time.
You may access our subscription-based Services by completing and submitting a form in which you purchase a subscription and make payment (“Order Form”). Order Forms specify the term of each subscription (for example, annual or monthly), the nature of the Services included in the subscription and the applicable payment terms. If you purchase a subscription through the Services, then effective upon our receipt of your payment, you are purchasing and we hereby grant you, subject to your compliance with this Agreement and pursuant to applicable Order Forms, a limited, revocable, non-exclusive, non-transferable, worldwide, royalty-free, fully paid up right during the Term to access and use the Services. The right granted in this paragraph includes the rights to make and permanently keep copies of content you access through the Services and share the Services with members of your immediate family, including your co-parent, only. You may not share the Services or your login credentials with any other person. You are responsible for maintaining the confidentiality of your account and password. By purchasing a subscription or using the Services, you warrant that you are legally capable of entering into binding contracts, all information you submit to us is truthful and accurate, your use of the Services does not violate any applicable law, any payment information you supply to us is true, correct and complete, you are duly authorized to use such payment method for the purchase, charges incurred by you will be honored by your credit card company or other payment provider, and you will pay charges incurred by you at the posted prices, including any applicable taxes.
The Services are owned by PFP, its licensors or other providers of such material and are protected by intellectual property laws. The Postcards for Parents name and logos and all related names, logos, product and service names, designs and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans in the Services are the trademarks of their respective owners.
Prices and Payment Terms
All prices, discounts, and promotions posted in the Services are subject to change without notice. The fee charged for a subscription will be the fee stated in the applicable Order Form at the time that you order.
From time to time we may offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from this Agreement. If there is a conflict between the terms for a promotion and this Agreement, the promotion terms will govern.
Subscription Service; No Refunds
Your access to the subscription-based Services is offered as a subscription, and your fees do not vary depending on how much or how little you use the Services during the Term. Your purchase of the subscription is a final sale. Refunds are not available for subscriptions.
AGREEMENT NOT TO PROVIDE INFORMATION ABOUT MINORS
Some features of Services allow you to provide us with basic information about your children, such as their grade. You agree that in using the Services, you will not share with us names, birth dates, photographs or other information that identifies your child or children.
The “Term” of your subscription is the subscription period stated in the applicable Order Form, which may be terminated or renewed only as described in this Agreement. You may discontinue using the Services or delete your customer account with us at anytime. Deleting your account will discontinue your access to the Services provided by this Agreement, but will not provide you with a right to a refund to any fees already paid.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES), WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. WE HOPE THAT YOU AND YOUR FAMILY FIND PFP AND OUR SERVICES TO BE VALUABLE. IT IS IMPORTANT FOR YOU TO UNDERSTAND, HOWEVER, AND BY USING THE SERVICES YOU AGREE, THAT PFP AND ANY INDIVIDUALS THAT MAY APPEAR IN THE SERVICES, WRITE CONTENT IN THE SERVICES OR ANSWER YOUR QUESTIONS IN LIVE BROADCAST SERVICES ARE NOT PROVIDING THERAPY OR BEHAVIORAL SERVICES TO YOU OR TO YOUR CHILDREN, ARE NOT ACTING AS TUTORS OR EDUCATORS WITH RESPECT TO YOUR CHILDREN AND ARE NOT TAKING ON ANY PROFESSIONAL OR LEGAL OBLIGATIONS OTHER THAN THOSE DESCRIBED IN THIS AGREEMENT. YOU AGREE THAT YOU AS PARENTS ARE RESPONSIBLE FOR YOUR PARENTING DECISIONS AND YOU WILL DISCUSS THEM WITH YOUR CHILD’S OR CHILDREN’S TEACHERS AND PEDIATRICIANS.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE LIABLE TO YOU OR TO ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES RELATING TO THE SERVICES BY ANY PERSON OR ORGANIZATION, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR AGGREGATE LIABILITY FOR DIRECT DAMAGES IN CONNECTION WITH THE SERVICES WILL BE LIMITED TO THE HIGHER OF $1,000 OR AN AMOUNT EQUAL TO THE FEES THAT YOU PAID TO US IN THE LAST THREE MONTHS OF YOUR SUBSCRIPTION.
The limitation of liability set forth above shall only apply to the extent permitted by law.
Services Not for Resale or Export
You warrant to use that you are using the Services for your own personal and household use only, not for resale or export.
Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with Maine law, except for its conflict-of-law provisions.
DISPUTE RESOLUTION AND BINDING ARBITRATION
YOU AND PFP ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this “Dispute Resolution and Binding Arbitration” section. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this section sis null and void. We may assign this agreement freely.
No Third-Party Beneficiaries
This Agreement does not confer any rights or remedies upon any person other than you.
If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.
With customer service requests, please contact PFP at firstname.lastname@example.org. Entire Agreement
This Agreement is the final and integrated agreement between you and us on the matters that it addresses.