PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE AND ALL SERVICES OFFERED THROUGH THE WEBSITE.
ParentsClick Network, Inc. ("PCNI") is a supportive and resourceful member-driven community where individual voices can be expressed, nurtured and heard, and individual needs respected without judgment. Our purpose is to provide a safe place for group-building and knowledge-sharing. By fostering the exchange and discovery of ideas, we believe that one of the best ways of supporting better parenting is by sharing our individual stories and viewpoints. To help keep this the kind of place where all parents can feel comfortable sharing their thoughts, PCNI has established the following specific Terms of Use ("Terms of Use") for our members. Separately, we have set out Community Guidelines as a general overview of our vision of how the PCNI community will function. Unlike the Community Guidelines, the Terms of Use is the binding legal agreement that you and each community member (registered or otherwise) makes with PCNI as you participate in the life of our community.
The content that appears on this Site is for information purposes only. Before you act on information that you find on this Site, PCNI encourages you to confirm any facts that are important to you, your children and the decisions you make as a parent. PCNI reminds you that content on this Site is not a substitute for professional, medical advice, diagnosis or treatment. While PCNI strives to provide useful and accurate information on our Site, you should know that errors may appear from time to time. The content and materials posted by you and other users and third parties is not endorsed by PCNI, nor does PCNI guarantee the accuracy of any postings. By accessing and using this Site, you are hereby agreeing to be legally bound by these Terms of Use. If you do not agree with all of the following Terms of Use, please do not use this Site.
Certain features and services made available through this Site from time to time may be governed by additional or separate terms of use, rules or policies. By accessing and using those features and services, you are agreeing to be legally bound by such additional or separate terms of use, rules and policies.
These Terms of Use do not cover your rights or responsibilities with respect to any third party sites or pages that link to this Site or to which this Site provides links for your convenience.
PCNI reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms of Use at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof in this space. Please review these Terms of Use periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use.
This Site offers a number of services including message boards, blogs, member-provided and partner-provided content, social networking features, PCNI membership and more ("Services"). PCNI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services offered on the Site with or without notice to you. You agree that PCNI shall not be liable to you or any third party for any modification, suspension or discontinuance of any or all Services.
Privacy.
Any information provided by you or gathered by PCNI or third parties during any visit to the Site is subject to the terms of the PCNI Privacy Policy, the terms of which are incorporated by reference in these TOS. For the full text of our Privacy Policy, please
click here.
Registering as a PCNI Member.
You do not have to be a PCNI Member to use this Site. However, only Members can access some of the most popular features and Services that PCNI has to offer. Membership is free and is open to legal U.S. residents who are 18 years old or older. If you are not registered with us, please
click here to register and become eligible for all of PCNI's features.
To register, you must provide us with your name, address, email address and other information that we may ask for from time to time ("Registration Data"). You will also be asked to select a password which, along with your email address (or user name) will serve to identify you as a Member each time you visit the Site and allow you to access your account. You may not (i) select or use a user name of another person with intent to impersonate that person, (ii) use a user name in which another person has rights without authorization from that person, or (iii) use a user name that PCNI, at its sole discretion, deems offensive. Members are not permitted to have more than one account or to share accounts with another person. Any duplicate accounts are subject to cancellation.
You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update the Registration Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or PCNI has reasonable grounds to suspect that you have, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof). Members must immediately notify PCNI of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Each Member is responsible for the confidentiality of their user name and password and all usage or activity on their account, including use of the account by any third party (which is prohibited), whether or not such use is authorized by the Member or the result of the Member authorizing a third party to use the Member's username and password.
You can register to receive PCNI newsletters by completing a short form registration. You will not be a PCNI Member when you complete this short form. However, you can convert this limited registration into a full membership at any time by completing the full membership registration form.
Communications from PCNI
By registering for PCNI, you will receive offline as well as online communications from PCNI. To opt out of receiving online communications from PCNI or to choose which types of communications you wish to receive, you may visit "My Account," to select the types of communications you wish to receive, or send an email to
help@parentsclick.net. In addition, you may opt out of receiving a specific type of online communication at any time by following the unsubscribe instructions included in every online communication you receive from PCNI.
How You Can Use the Services.
This Site and the Services offered are intended for your personal, noncommercial use. You may not and agree not to modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from the Services except as permitted herein. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Site or the Services. Further, you may not use any such automated means to manipulate the Site or the Services, such as automating what are otherwise manual or one-off procedures, or otherwise exceed the limited access granted to you by PCNI.
User Postings and Communications
PCNI offers many opportunities for Members to share information and communicate with other Members, including through our various online forums, blogs, message boards, and through ratings, surveys, polls, and more ("Forums"). PCNI also publishes articles and tips written and submitted by our Members, third-party mom bloggers, and our partners on topics that matter to moms. Visitors to the Site can read most of the content on the Site but cannot post or submit content.
Use of the Site and all information of any kind, including graphics, text, photos and images, that is posted, uploaded, transmitted or otherwise submitted by Members to the Site ("Member Content") is subject to the following terms.
(1) You take responsibility for all Member Content posted under your username. If you post or submit any material to the Site, you guarantee to us that you have legal rights to post that material and that it will not violate any law or the right of any person.
(2) PCNI is under no obligation to return any Member Content to you or to acknowledge receipt.
(3) You acknowledge that by using the Site, you may be exposed to Member Content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any Member Content, including content provided by mom bloggers or parenting experts, nor do we endorse such content. We do not verify the identity of people using our Site, and you assume the risk of believing any Member Content you read.
(4) We do have the right, but not the obligation, to monitor, screen, edit, review or remove any Member Content at any time and without notice if we believe it will improve our Site, or if we determine that (a) the content violates these TOS or any other agreement you have with PCNI to supply content, (b) removal is necessary to protect the rights, property or personal safety of PCNI, its users and the public, or (c) if required to do so by law.
You should also be aware that any Member Content posted or submitted to our Site will become public and any personal information you post will be accessible to any visitors to our Site.
Conduct of Members and Visitors.
We believe that all Members and visitors benefit from basic rules regarding conduct while using the Services. Accordingly, we ask you, and you agree to obey the following basic rules of conduct when using the Site:
(1) You will follow these TOS and all applicable laws;
(2) You will not upload, post, email or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole judgment);
(3) You will not upload, post, email or otherwise transmit any content that infringes and/or violates the right of a third party or any law, rule or regulation including but not limited to (a) copyright, patent, trademark, trade secret, or other proprietary right, (b) right of privacy (specifically, you may not distribute another person's personal information without their permission), or publicity; (c) any confidentiality obligation; or (d) any content which you do not have a right to upload.
(4) You will not use the Site or the Services to advertise products or services or for other commercial purposes;
(5) You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact, or harass another user or PCNI employee;
(6) You will not use the Services to harm minors;
(7) You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
(8) You will not post, distribute or transmit any content or software or other computer files that contains a computer virus or other harmful component;
(9) You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used in the Internet; and
(10) You will comply with the
Community Guidelines.
Your Responsibilities
You may use this Site only for lawful, non-commercial purposes. You may not submit or transmit through this Site (whether via discussion boards, user-generated pages, messaging services or otherwise) any material, or otherwise engage in any conduct, that:
violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
involves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, pornographic, vulgar, profane, obscene, or any other information that PCNI deems in its sole discretion to be inappropriate for this Site;
victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
harms minors in any way;
impersonates any person, business or entity, including Parents Connect or its employees and agents or any forum leader, guide or host, or in any way falsely states or misrepresents your affiliation with a person or entity;
involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings transmitted through this Site;
contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
otherwise interferes with the use or enjoyment of this Site by others;
encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
is intended to promote and/or generate revenue for any third party business activity; or
violates these Terms of Use or any guidelines or policies posted on this Site.
PCNI discourages the use of profanity or obscenities in Postings and any Postings containing prohibited language will bounce back to the user. For purposes of clarity, "masked" vulgarity, obscenity or profanity (e.g., "f*cK") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your Posting, message or otherwise on Parents Connect. PCNI reserves the right to delete any such material from the Site. PCNI will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service as enumerated above in this section on "Your Responsibilities."
You may not use this Site in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.
No Spam
You may not use this Site or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about other users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use this Site to violate the terms of this section. We may terminate your access to or use of the Site immediately and take any other legal action if you, or anyone using your account, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our systems or communications networks.
License to Use Content Submitted.
By submitting Member Content to the Site, you grant PCNI a perpetual, world-wide, royalty-free, and non-exclusive license to reproduce, distribute, modify, display, adapt, and create derivative works from the Member Content, for any commercial purposes, and to use your name, likeness and any personal information you submit with the Member Content without your prior approval or the payment of any compensation. If PCNI has entered into a separate written agreement with you covering Member Content or other content provided by you for the Site or Services, then such separate written agreement shall govern to the extent there is a conflict with these TOS.
Proprietary Rights
All material published on the Site, including, but not limited to articles, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials (collectively, "Content") is owned by PCNI or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. PCNI owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Site.
All trademarks appearing on this Site ("Marks") are trademarks of their respective owners, including PCNI and its partners. Users are prohibited from using any Marks without the written permission of PCNI or such third party that may own the Marks.
You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part without PCNI's prior written consent. You may download, whenever specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Copying or storing of Content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the Content.
No License Granted.
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of PCNI. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER PCNI PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
Protecting Children.
Because the safety of children is very important to us, PCNI complies with the Children's Online Privacy Protection Act. PCNI does not encourage participation or visitation by children. Visitors who are known to be under the age of 18 are prohibited from becoming PCNI Members. PCNI does not knowingly collect personal information from children under the age of 18.
Content Contributed to the Site by Third Parties
Although PCNI may from time to time periodically monitor the content posted on this Site, it is under no obligation to do so. You acknowledge that PCNI does not represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information offered by third parties that is displayed or distributed throughout this Site. Discussion group moderators and other forum leaders, guides and hosts are not authorized PCNI spokespersons, and their views do not necessarily reflect those of PCNI. PCNI cannot and shall not be responsible for the views or opinions expressed by any third parties. Any opinions, advice, statements, suggestions, services, offers or other information or content presented or disseminated via any discussion board, user-generated pages, messaging services or any other interactive features are those of their respective authors who are solely liable for their content. Your reliance upon any such advice, opinion, statement, suggestion or information shall be at your sole risk.
Nonetheless, PCNI will make reasonable efforts to ensure that the discussion boards, user-generated pages and other interactive features best serve the interests of all users. PCNI reserves the right, in its sole discretion, to edit, refuse to post, remove or block access to any material submitted to or posted on the discussion boards, user-generated pages or any other interactive areas of the Site that violates these Terms of Use or that is otherwise objectionable as determined by PCNI in its sole discretion, but PCNI is not responsible for any failure or delay in removing or blocking access to any such material. Notwithstanding the foregoing, PCNI does not generally and is under no obligation to screen messages sent via the messaging services, but we reserve the right to do so at any time in our sole discretion. PCNI also reserves the right to revoke the privileges of users who do not comply with these Terms of Use.
Contests, Sweepstakes, and other Promotions
From time to time, PCNI or its suppliers and advertisers may conduct promotions on or through the Site, including without limitation auctions, contests and sweepstakes ("Promotions"). Each such Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use (the "Rules"). If any conflict arises between these Terms of Use and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.
Indemnity.
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold PCNI, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these TOS, applicable law or the rights of any third party.
Disclaimer of Warranties.
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT PCNI MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT PCNI DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TOS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, PCNI DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.
THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT PCNI IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, FINANCIAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. PCNI ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE REGARDING ANY SITUATION THAT REQUIRES SUCH ATTENTION.
Liability Disclaimer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PCNI OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF PCNI HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten dollars ($10).
Access Restrictions; Termination.
We can suspend or terminate your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, at PCNI's sole discretion, you fail to comply with any of the TOS. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the TOS shall survive.
You understand and agree that your membership in PCNI is subject to and conditioned upon the following: Your continued adherence to these TOS and any future modifications thereto. Your violation of these TOS or any other agreement between you and PCNI constitute grounds for immediate termination of your membership without further notice at PCNI's sole discretion. Termination of your membership will result in cancellation of all rights of access and use granted to Members. Members may terminate their membership at any time by sending an email to
help@parentsclick.net to such effect, including their user name and password. PCNI shall be the sole determiner in cases of suspected abuse, fraud, or breach of these TOS. Any decision PCNI makes relating to termination or suspension of any Member's account shall be final and binding. PCNI will terminate any Member's account at its sole discretion if a Member has been inactive for a period of twelve (12) months. A Member will be defined as inactive if she or he has has not logged into the Site with her user name and password, or she has not called PCNI's customer service or contacted PCNI in any other manner.
Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Site and the Services by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service.
If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
ParentsClick Network, Inc.
Attn: Legal DCMA
1005 Terminal Way, Suite 110
Reno, NV 89502
Third Party Products and Services
You may order services, merchandise or other products through our Site from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise or other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transaction, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
Miscellaneous.
These TOS are the entire agreement between you and PCNI. They supersede any and all prior or contemporaneous agreements between you and PCNI relating to your use of the Site or the Services. If any part of these TOS is determined to be invalid or unenforceable, it will not impact any other provision of these TOS, all of which will remain in full force and effect. The failure of PCNI to partially or fully exercise any rights or the waiver of PCNI of any breach of these TOS by you, shall not prevent a subsequent exercise of such right by PCNI or be deemed a waiver by PCNI of any subsequent breach by you of the same or any other term of these TOS. The rights and remedies of PCNI under these TOS and any other applicable agreement between you and PCNI shall be cumulative, and the exercise of any such right or remedy shall not limit PCNI's right to exercise any other right or remedy.
These TOS are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by PCNI for any violation of PCNI's proprietary or other rights, any and all disputes relating to these TOS, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Reno, Nevada, USA.
You can direct any questions concerning these TOS to
help@parentsclick.net.
