DrRandyCale.com (“Terrific Parenting”) operates this Site to provide online access to information about Terrific Parenting and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”
Terrific Parenting reserves the right to modify this Agreement at any time without giving you prior notice, and your continued use of this website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
1. Use of Terrific Parenting Website
You may use the Services, the Site, and the information, writings, images, and/or other works that you see, hear, or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Terrific Parenting products and services. No right, title, or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Terrific Parenting reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws and belong to Terrific Parenting or its partners, affiliates, contributors, or third parties. The copyrights in the Content are owned by Terrific Parenting or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Terrific Parenting, for example in certain password-restricted areas of the Site and our Frequently Asked Questions). You may not manipulate or alter in any way images or other Content on the Site without specific permission from Terrific Parenting or the copyright owner.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third-party websites or information are provided solely as a convenience to you. If you use these links, you will leave Terrific Parenting. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Terrific Parenting of the third party, the third-party website, or the information contained therein. Terrific Parenting is not responsible for the availability of any such websites. Terrific Parenting is not responsible or liable for any such website or the content thereon. If you use the links to the websites of Terrific Parenting affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those websites.
5. Linking to this Site
If you would like to link to the Site, you must follow Terrific Parenting’s link guidelines. Unless specifically authorized by Terrific Parenting, you may not connect “deep links” to the Site, i.e, create links to this Site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other website or web page.
6. Downloading Files
Terrific Parenting cannot and does not guarantee or warrant that files available for free downloading through the Site will be free of infection by software viruses or other harmful computer code, files, or programs.
7. Software
Any software available for download via the Site is the copyrighted work of Terrific Parenting and/or its licensors. The use of such software is governed by the terms of the end-user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end-user license agreement.
8. Disclaimer of Warranties
TERRIFIC PARENTING MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER CONCERNING THE SITE, THE SERVICE, OR THE CONTENT. TERRIFIC PARENTING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ABOUT THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. TERRIFIC PARENTING DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. TERRIFIC PARENTING DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
IN NO EVENT WILL TERRIFIC PARENTING BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF TERRIFIC PARENTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TERRIFIC PARENTING’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
10. Indemnification
You understand and agree that you are personally responsible for your behavior on Terrific Parenting. You agree to indemnify, defend and hold harmless Terrific Parenting, its parent companies, subsidiaries, affiliated companies, joint venture partners, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
11. Privacy Policy
See Terrific Parenting’s Privacy Policy
12. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
13. User Supplied Information
Terrific Parenting does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give Terrific Parenting the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any media, in any manner, in whole or in part, without any restriction or responsibilities to you.
14. Password Security
If you register to become a Terrific Parenting.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
15. General Provisions
Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties concerning the subject matter hereof. No waiver by Terrific Parenting of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Terrific Parenting, therefore, reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice. Terrific Parenting does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any disputes relating to this Agreement, Terrific Parenting’s Privacy Policy, your use of the Site, any other Terrific Parenting website, the Service, or the Content are governed by and will be interpreted by, the laws of the State of New York, without regard to any conflict of laws provisions.
Claims of Copyright Infringement. According to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent.