Last updated: May 12, 2023
The below terms and conditions govern your access to and use of Parentaly.com and related applications (the “Website”), as well as certain related services which may be provided through the Website or through direct programming, content, and coaching services (collectively with the Website, the “Services”). The Services are provided by Parentaly Inc., a Delaware corporation (“Parentaly”, “we”, “us”, or “our”).
Parentaly may revise and update this Policy from time to time in our discretion. All changes are effective immediately when we post them, or if required by law, when we provide notice to you of such changes. You are also subject to any additional posted policies and rules related to specific Services and features which may be presented to you at the time of accessing and/or using such Services or features. All such policies are incorporated by reference into this Policy.
2. YOUR ACCOUNT
Users are required to make an account to access certain Services we offer (each, an “Account”). You may be invited to create an Account through your employer’s arrangement with us, or we may offer the option to certain Users to create an Account independently. You agree to provide accurate, current, and complete information when creating an Account, and you agree to promptly update your Account information in the event it changes. By creating your Account, you agree to receive all notices regarding your Account and this Policy, including legally required notices, from us to the email address associated with your Account. You are responsible for maintaining the confidentiality of any username and password you choose. You should not provide your Account information to any other person. Your Account may be used only by you personally. You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security, and you agree to log out of your Account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this section.
3. USE OF THE SERVICES
The Services may include access only to the Website, or may also include direct programming, content, and coaching services, depending on the level of Services that you or your employer have purchased or been granted access to. If you are granted access to the Services by your employer, your employer will determine which Services you have the ability to access. If you sign up for the website individually and not through an employer, the Services you have access to may be limited to the Services provided on the Website. For clarity, this Policy also applies to direct programming, content, and coaching services provided by Parentaly in any manner, including accessing such Services in manners other than through the Website.
4. PARTICIPATION WAIVER
4.1. All Users acknowledge and agree that the Services do not involve the treatment or diagnosis of any medical issue or disorder, including mental disorders or mental health conditions. The Services are not intended to be, and should not be, used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice from medical or other qualified professional. Further, the Services are not intended to be, and should not be, used as a substitute for any legal advice, including related to your employment. It is your sole responsibility to seek professional advice from appropriate third parties if you deem doing so necessary or useful. You represent that you have not been directed by a physician or other medical practitioner not to participate in the Services.
4.2. All Users acknowledge and agree that the Services are intended to facilitate the creation and development of certain personal, professional, or business related goals, and to assist in developing a plan to achieve certain goals. Certain ideas and suggestions provided through the Services may not be right for every individual. The Services shall be considered decision support tools only, intended to be supplemental to your personal development and decision making, and it is your sole responsibility to determine what is in your best interest, including in regard to your personal goals, physical and emotional well-being, workplace and career decisions, and all choices and actions related to the same. Parentaly does not represent or warrant that any specific outcomes will occur from your use of the Website, or that suggestions or advice provided by Parentaly will be suitable for each User.
4.3. You hereby waive and release Parentaly, and covenant not to sue Parentaly, and each of its directors, officers, employees, service providers, and agents, for any liabilities, claims, damages, or expenses arising out of or attributable to the provision of Services to you or your participation in the same (including your participation in any coaching or consulting sessions), and your reliance on the Services for any reason, even if arising from the acts of Parentaly, unless such acts are grossly negligent or constitute intentional misconduct. The foregoing release and waiver is on your behalf and on behalf of your personal representatives, heirs, executors, administrators, agents, assigns, and anyone who would have a legal right to make a claim deriving from injury or damage to you.
5. GROUP COACHING
If the Services you participate in include group coaching, wherein multiple individuals receive consulting or coaching services from Parentaly in a group setting, you agree that information you discover or have access to about other participants in the group sessions may not be shared outside of the group session, unless you have received advance permission from the individual about whom such information relates. However, each User acknowledges that Parentaly cannot control the actions or statements of other participants in the group coaching session, and agree that Parentaly is not liable for any and all actions and statements made by other participants in a group coaching session.
6. USER RESTRICTIONS
All Users agree to comply with all applicable laws and regulations in your use of the Website and Services. Users shall not (i) use the Website in any manner that damages, disables, overburdens, or impairs the Website or interferes with any other party's use of the Website, or in any other manner that is unlawful or prohibited by this policy; (ii) create an Account for anyone other than yourself or use a false identity to obtain an Account, log into an account other than your Account, or give or allow anyone else access to your Account; (iii) access data of a third party through the Services not intended for you, or attempt to gain unauthorized access to the Services; (iv) lease, distribute, license, transfer, sell, or otherwise commercially exploit the Services or your access to the same; (v) use the Website or access the Services for any unlawful or unintended purposes.
7. CONTENT STANDARDS
If at any time, the Services provide for the ability to upload any User content to the Website in an manner where such content will be publicly displayed or displayed to other Users (such as on User forums): (i) you shall upload only that content that you have a right to use and upload, and shall not upload any content which would infringe upon the intellectual property or other rights of a third party; (ii) you may not upload any content which poses or creates a privacy or security risk to any person, which is false, unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or which in the sole judgment of Parentaly, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Parentaly or its users to any harm or liability of any type. Parentaly has the right to delete content at any time that does not comply with the restrictions set forth herein. Each User hereby grants Parentaly a perpetual, irrevocable, and sub-licensable license to display any uploaded user content on the Website and to use the same in connection with the promotion, advertising, or marketing of the Services.
8. TERMINATION OF SERVICES
Parentaly reserves the right to withdraw or amend the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to some or all Users.
9. PAYMENT AND BILLING
In certain cases, a User’s employer may be paying for the User’s access to the Services. However, if you access any Services which require payment, as presented to you prior to the use of such Services, you agree to pay Parentaly the amounts presented to you should you decide to access such Services. All payments for the Services are final and non-refundable. Any fees we may charge are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state). If we are obliged to collect or pay taxes, the taxes will be invoiced to you.
10. INTELLECTUAL PROPERTY
10.1. As between you and Parentaly, Parentaly owns all of the intellectual property rights related to and incorporated within the Website and Services, however accessed, through the Website or otherwise, including but not limited to, software code, the content of the various pages of the Website, Parentaly’s trademarks, logos, and brand features, and any materials presented or provided to you in any coaching sessions, such as manuals, training guides, other texts and works of authorship, videos, and related content (the “Parentaly Content”).
10.2. You will not attempt to copy, reproduce, transmit, distribute, or create derivatives of the content Parentaly Content, whether for your own use or to provide the same to third parties. For clarity, your employer is a third party in this context even if such employer has provided you with access to the Services. All rights not expressly granted herein are fully reserved by Parentaly. You may not use the Parentaly Content for any purpose other than for your participation in the Services. Without limiting the generality of the foregoing, if you retain any materials presented or provided to you in any coaching sessions, such as manuals, training guides, other texts and works of authorship, videos, and related content after the conclusion of any coaching services, your continued use of the same is limited to your personal use, and you may not share the Parentaly Content with any third party.
10.3. You agree that if you provide to us any comments, suggested revisions, additions, ideas, developments, or concepts, whether as to the Services generally or to any specific Parentaly Content, such feedback shall be the sole and exclusive property of Parentaly, and you will have no right, title or interest of any kind or nature therein or thereto, or in and to any results and proceeds therefrom.
11. SUSPENSION AND TERMINATION
You agree that Parentaly may, without prior notice, immediately terminate, suspend, or otherwise limit your access to or use of the Services, by terminating your Account or otherwise. Cause shall include, but not be limited to, breaches or violations of this policy or other guidelines which may be provided to you from time to time, nonpayment of any fees owed by you (or your employer) in connection with the Services; or our discontinuance or material modification to the Services. We may also terminate access to your Account if you are accessing the Services through an arrangement between Parentaly and your employer and that arrangement terminates.
12. THIRD-PARTY SITES OR CONTENT
12.1. If you are transferred to or navigate to third party sites through links or frames provided through the Services, you are cautioned to read such sites' terms and conditions and privacy policies before using such sites in order to be aware of their terms and conditions. Additionally, you acknowledge that certain coaching or consulting sessions may occur via third-party video conferencing software, such as Zoom or a similar service. You are responsible for reviewing the terms and conditions and privacy policies of such video conferencing Services before agreeing to utilize the same. You acknowledge that Parentaly is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services, or any transmissions received through such sites.
12.2. If we allow Users to post content to the Website, you acknowledge that we do not have an obligation to, and may not have, reviewed each contribution from each User and we do not make any guarantees as to the accuracy or appropriateness of such content.
You hereby agree to indemnify and hold Parentaly and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Policy, (ii) any violation by you of any applicable law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Website, (iv) your use of the Services; and (v) your conduct in connection with the Website or participation in the Services. Parentaly reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Parentaly in asserting any available defenses.
14. WARRANTY DISCLAIMER
ALL CONTENT ON THE WEBSITE AND OFFERED THROUGH THE SERVICES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARENTALY (OR ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS) MAKES ANY WARRANTY OR ANY REPRESENTATION REGARDING THE USE OF THE SERVICES, THE RESULTS OF THE USE OF THE SERVICES, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING THE APPLICABILITY OF THE PARENTALY CONTENT AND SERVICES IN RELATION TO YOUR PERSONAL CIRCUMSTANCES; YOU UNDERSTAND THAT THE SUCCESS OF ANY PERSONAL OR PROFESSIONAL DEVELOPMENT OR PLANS DEPENDS ON MANY FACTORS AND NOT SOLELY OR PRIMARILY ON THE SERVICES. PARENTALY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THE WEBSITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS, AND YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. PARENTALY WILL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER, AND ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER.
15. LIMITATION OF LIABILITY
IN NO EVENT WILL PARENTALY (OR ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE WEBSITE, THE PARENTALY CONTENT AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER, OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OR MADE AWARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
SHOULD PARENTALY BE FOUND LIABLE TO ANY USER UNDER ANY CLAIM OR CAUSE OF ACTION, EACH USER AGREES THAT IN ANY CASE, THE MAXIMUM AMOUNT OF DAMAGES THAT PARENTALY MAY BE LIABLE FOR ARISING FROM THIS AGREEMENT OR THE USE OF THE WEBSITE OR SERVICES WILL NOT EXCEED THE GREATER OF $100.00 OR TOTAL AMOUNT PAID TO PARENTALY DIRECTLY BY THE USER DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF SUCH JURISDICTION.
16. DISPUTES; GOVERNING LAW
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota without giving effect to the conflicts or choice of law provisions thereof. Any action or proceeding seeking to enforce any provision of, or based upon any right arising out of, this Agreement shall be brought in any court of appropriate jurisdiction in Hennpein County, Minnesota.
17. ENTIRE AGREEMENT
18. WAIVER AND SEVERABILITY
19. COMMENTS AND CONCERNS
We welcome our Users to reach out with any questions on this policy by using the following contact email: firstname.lastname@example.org.