Terms of Service

Last Modified: August 19, 2019

Acceptance of Terms of Service

These Terms of Service (“Terms of Service”) are a legally binding contract between you and WonderDads, LLC, a Delaware corporation DBA ParentFile. (“ParentFile,” “we,” “us,” or “our”). These Terms of Service govern your access to and use of https://www.parenfile.com, including any content, functionality and the services offered thereon (the “Website”), whether as a guest or a registered member (a “Member”).

Please read these Terms of Service carefully before using the Website. These Terms of Service provide important information, including our limitation of liability, your waiver of any right to participate in a class action, and your agreement to resolve any disputes between you and ParentFile by binding individual arbitration. By accessing the Website and/or by clicking a box that states that you accept or agree to these Terms of Service, you signify your understanding of, and agreement with, these Terms of Service.

It is important that you carefully read and understand these Terms of Service. If you do not agree to and accept these Terms of Service, you must not use or access the Website.

Changes to these Terms of Service.

We reserve the right to change these Terms of Service from time to time in our sole discretion. In addition, we may change or stop providing the Website at any time. All changes are effective immediately. You agree that your continued use of the Website following such changes constitutes your acceptance of such changes to these Terms of Service.

Your Privacy

You acknowledge and agree that any personal information that you provide or that we collect in connection with the Website will be treated in the manner described in our Privacy Policy which is hereby incorporated by reference into these Terms of Service. A copy of our Privacy Policy is available on the Website at https://www.parentfile.com/privacy-policy.

Using the Website and Additional Terms

When using particular services on the Website, you are subject to any guidelines, rules and/or additional terms and conditions applicable to such services that may be posted on the Website from time to time. All such guidelines, rules, and/or additional terms and conditions are hereby incorporated by reference into these Terms of Service. To the extent of any inconsistency between any provision or provisions of these Terms of Service and any other guidelines, rules and/or additional terms and conditions posted on the Website from time to time, the provision(s) of these Terms of Service shall control.

Access to the Website

You can access and browse portions of the Website without registering as a Member. If you wish to become a Member and receive full access to the services offered by ParentFile through the website (the “ParentFile Platform”), you will need to register a user account as either a free or premium user. Any use of the Website by anyone under the age of 18 is prohibited.

You agree that the information that you provide us during registration is accurate, complete, and current and that you will update your information with us to keep it accurate, complete and current. You are solely responsible for your account and all activity associated with your account, including maintaining the confidentiality of your password.

Membership and Fees

With respect to all Members, upon completing the registration process, each Member accepts membership in the ParentFile Platform.

With respect to Members that wish to subscribe for premium access to the ParentFile Platform (a "Premium Member"), you agree to pay a non-refundable premium membership fee (including applicable taxes), which will be billed on either a monthly or annual basis at the then-current premium membership rate (the “Premium Membership Fee”), until such time as you cancel your premium membership. The Premium Membership Fee may be modified from time to time based on sales and promotions offered by ParentFile, in its sole discretion.

The date on which your premium membership renews each month or year (as applicable) is referred to as your "Premium Membership Renewal Date". You can obtain a copy of your invoice for the Premium Membership Fee by contacting us by e-mail at Members@ParentFile.com.

By registering as a Premium Member, you agree that we may start your subscription immediately upon our acceptance of your registration. You may cancel your premium membership at any time by e-mailing customerservice@ParentFile.com at least fifteen (15) calendar days prior to the next Premium Membership Renewal Date. No refunds will issued for the month in which the cancellation occurs or any previous month under any circumstances.

Use of Payment Information

If you purchase any products or services through the Website, you agree to pay all applicable fees and taxes. By providing your payment information to our third-party payment processor, you represent, warrant and covenant that: (i) you are legally authorized to provide such information, (ii) you are legally authorized to initiate payments from the credit or debit card account(s), and (iii) such action does not violate the terms and conditions applicable to your use of such credit or debit card account(s) or applicable law.

Use of Content

You are permitted to view, download, and print content from the Website subject strictly to the following conditions: (i) the content may be used solely for information purposes and for your own personal non-commercial private use, (ii) the content may not be modified, adapted or altered in any way; and (iii) you do not acquire any ownership rights to any content on the Website.

The rights granted to you constitute a limited license and not a transfer of title. You may not copy, store in any medium (including, without limitation, on any other website), modify, adapt, publish, distribute by any means (including, without limitation, via any peer-to-peer network), prepare derivative works from, broadcast, communicate to the public or transmit any part of the Website or any of the contents contained in the Website or otherwise use the content for any other purpose other than as expressly permitted herein. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. You agree not to use any means to circumvent log in, password, and other protections that we put in place to restrict access to certain parts of the Site. Any other use requires our prior written permission. Any rights not expressly granted in these Terms of Service are reserved wholly and exclusively to us.

Any unauthorized use terminates the permission or license granted by us and shall constitute a clear and material breach by you of these Terms of Service.

The Website can be accessed from countries around the world and may contain references to our content and services that may not be available in your country. These references do not imply that we intend to provide such content or services in your country. If applicable law prohibits such use, you are not authorized to use the Website. These Terms of Service are void where prohibited by law, and the right to access and use the Website, ParentFile Platform, content and services is revoked in such jurisdictions.

Your Conduct

You agree to use the Website and the ParentFile Platform only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of the Website by us, other users of the Website and/or any third party. Such restriction includes conduct which is unlawful, or which may, in ParentFile's sole opinion, harass or cause distress or inconvenience to any person and the transmission of obscene, defamatory, or offensive content, or result in any disruption, within the Website.

Additionally, you agree that you will not (i) use a false name or identity on the Website or in any interactions with ParentFile and/or its Members; and (ii) disclose to ParentFile, any Member or any other person, any information that you do not have the right to disclose.

You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, ParentFile’s computer systems, or the technical delivery systems of ParentFile’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ParentFile; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Website.

These conduct obligations apply during and after the term of your membership. If you breach your conduct obligations, ParentFile may pursue any and all available remedies as described under “Remedies” below. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone suspected to have acted or to have attempted to act in breach of these Terms of Service.

Links

Links to third party websites on the Website are provided solely as a convenience to you. We have not necessarily reviewed all of these third party websites and pages and we do not control and are not responsible for the accuracy or availability of information, content or services provided by them. We therefore do not endorse or make any representations about them, or any content found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions that may be applicable to such websites.

Links from third party websites to the Website may be created through plain-text links only (i.e. no logos) and provided they do not create an association with a third party brand, product or service. For other types of links to the Website, you must obtain our express written permission. We reserve the right to deny or rescind permission to link to the Website, and to require termination of any link to the Website, for any reason in our sole and absolute discretion.

Confidential Personal Information

The Website enables you to transmit, store, and receive confidential personal information regarding you, your family and/or other persons. You represent and warrant that you will, at all times, comply with all applicable laws that govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the confidential personal information. You are solely responsible for obtaining and maintaining all legally necessary consents or permissions required to disclose, process, retrieve, transmit, and view the confidential personal information that you transmit, store, or receive in connection with the Website.

WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF CONFIDENTIAL PERSONAL INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE OR ANY SERVICES OFFERED THEREON.

Intellectual Property

All intellectual property and other proprietary rights, including (without limitation) copyright, trademarks and database rights, in the Website and its contents are owned by or licensed to us, or otherwise used by us as permitted by applicable law. Logos and designs are our registered trademarks in territories around the world.

The use or misuse of these trademarks or any content, except as expressly permitted herein, and including without limitation use as a domain name or as part of a domain name, is expressly prohibited and nothing stated or implied on the Website confers on you any license or right under any patent, copyright work, trade mark, design or other right of a similar nature of ours or any third party.

Nothing stated or implied in the Website is designed to grant any license or right under any copyright or other intellectual property rights of ours or any third party or to use any names, logos, pictures, trademarks or other works or content featured on the Website. No act of downloading or otherwise copying or reproducing from the Website will transfer title to you to any software or content on the Website, unless express statements are communicated to you by us to the contrary.

Notice of Copyright Infringement

We may, in appropriate circumstances and at our sole discretion, terminate the accounts of users involved in disputes regarding intellectual property rights and remove or disable access of such user to the Website. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Website, you must provide our Copyright Agent with a written notice (“Notice”) containing the following elements: (a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner that is alleged to have been infringed; (b) a description of the copyrighted work(s) that you claim have been infringed including the date the work(s) was created, the name of the author(s), the title of the work(s), and whether the work(s) has been registered with the United States Copyright Office. If the work(s) has been registered with the United States Copyright Office, also provide a copy of the Copyright Registration; (c) a description of the activity or the content on our Website claimed to infringe the copyright including where the content is located on the our Website; (d) information sufficient to permit us to contact you, such as your physical address, telephone number, email address, and facsimile number; (e) a statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law, and infringes upon the copyright identified; and (f) a statement by you under penalty of perjury, that the information in your Notice is accurate and, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be sent to:

ParentFile

WonderDads
Corporate Headquarters
7 Hamilton Landing #100
Novato, CA 94949
E-mail: Members@ParentFile.com
Attn: Copyright Agent

Security

The security of Internet traffic is uncertain and so, if you communicate with us by e-mail, you accept the risks of such uncertainty and the possible lack of security and threat to confidentiality which may result from any such communication.

Disclaimers

INFORMATION ON THE WEBSITE MAY BE OR BECOME OUT OF DATE FROM TIME TO TIME AND WE ARE UNDER NO OBLIGATION TO UPDATE IT. NO REPRESENTATION OR GUARANTEE (INCLUDING LIABILITY TOWARDS THIRD PARTIES), EXPRESSED OR IMPLIED, IS MADE AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY WEBSITE CONTENT. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF EXTERNAL INTERNET WEBSITES.

IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DOCUMENTS, DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE ON THE WEBSITE HAVE NOT BEEN PREPARED WITH YOUR SPECIFIC CIRCUMSTANCES IN MIND, MAY NOT BE SUITABLE FOR YOUR USE, AND ARE NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS. THE WEBSITES DOES NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.

YOUR USE OF THE WEBSITE, OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, IS AT YOUR OWN DISCRETION AND SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE WITH WHICH YOU ACCESS THE WEBSITE AS WELL AS FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT THE WEBSITE OR ANY FUNCTIONS, SERVICES AND FACILITIES CONTAINED OR PROVIDED ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, BUGS, SPYWARE OR SIMILAR FLAWS.

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND (WHETHER EXPRESS OR IMPLIED), INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED TERM OF ACCURACY, COMPATIBILITY, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY TERM AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO SIXTY (60) DAYS

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE IN ANY WAY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF PROFITS, CONNECTIVITY, OPPORTUNITIES, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER ARISING IN ANY WAY OUT OF, FROM, OR IN CONNECTION WITH, THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION, DATA OR CONTENT CONTAINED ON OR OBTAINED FROM THE WEBSITE, OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE, WHETHER ARISING IN AN ACTION IN CONTRACT, NEGLIGENCE, OTHER TORT ACTION, OR ON ANY THEORY OF LIABILITY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGOTIATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

Indemnity

As a condition of your access to and use of the Website, you hereby expressly agree to indemnify and hold us and our subsidiaries, affiliates, licensors, licensees, shareholders, officers, agents, employees and other partners harmless from and against any and all liabilities, losses, damages, claims, penalties, fines, costs, awards and expenses (including, without limitation, reasonable legal fees and costs) arising from, related to or in connection with: (i) any transaction or dispute between you and any other Member or any third party; (ii) unauthorized access to the Website through your account; (iii) a breach of any of your representations, warranties, or covenants under the Terms of Service; (iv) a request by you for us to remove or disable access to any content in or on the Website; (v) content you submit, transmit or make available through us; (vi) your use of the Website; or (vii) your violation(s) of these Terms of Service. You shall not enter into a settlement of the foregoing nor incur expenses and fees in defending the above claims, actions, or allegations without our prior written approval.

If you breach any of the Terms of Service, your authorization to use the Website automatically terminates and you must immediately destroy materials downloaded, received by email or printed from the Website.

We reserve the right at all times, in our absolute discretion and without prior notice to you, to terminate your membership, password and/or your use of the whole or any part of the Website, for any reason, including (without limitation) if we believe that you have breached or otherwise not complied with any provision of these Terms of Service. You agree that we will not be liable to you or any third party in any way for any termination of your access to the Website. We may also in our absolute discretion and at any time discontinue providing the whole or any part of the Website, with or without notice.

Remedies

You agree that our remedy at law for any actual or threatened breach of these Terms of Service would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation, damages, injunctive relief, and attorneys’ fees and expenses.

Governing Law and Jurisdiction

The Website (excluding linked sites) is controlled by us from our offices within the State of California in the United States of America. By accessing the Website, you agree that the statutes and laws of the State of California without regard to the conflicts of laws principles thereof shall govern all matters relating to your access to, or use of, the Website and any content or services. You also irrevocably agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in the county of San Francisco, California with respect to such matters. You consent to extraterritorial service of process. We make no representation that any content, products or service available on the Website are appropriate or available for use in other locations, and accessing them from jurisdictions where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with all local laws.

Dispute Resolution

You and ParentFile agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or to your use of the Website (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and ParentFile each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and ParentFile agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.

Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.

Arbitration Location and Procedure. Unless you and ParentFile agree otherwise, the arbitration will be conducted in San Francisco. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and ParentFile submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.

Miscellaneous

Failure on our part to exercise or enforce any right or remedy under these Terms of Service does not constitute a waiver of such right or remedy.

If any provision of these Terms of Service is found to be unenforceable by any court having competent jurisdiction, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and if it cannot be so construed then severed from these Terms of Service, and the remaining provisions of these Terms of Service will remain in full force and effect. You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Service. You agree that there are no third party beneficiaries to these Terms of Service.

You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Website or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

You agree that we may assign any of our rights or delegate any of our duties or obligations under this Agreement without your consent to any third party.

Entire Agreement

These Terms of Service contain the entire agreement of the parties with respect to the Website and supersede all prior agreements or previous discussions (written or oral) between you and us.

Contacting Us

You can contact ParentFile by e-mailing us at customerservice@ParentFile.com or by writing to us at the following address:

WonderDads, LLC, DBA ParentFile
Corporate Headquarters
7 Hamilton Landing #100, Novato, CA 94949

© Copyright 2019 ParentFile. All Rights Reserved.

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