Thank you for using the Parent Day Out Inc. website (accessible at:”www.parentdayout.com” hereinafter, the “website”). This page states the terms and conditions under which you may use the website and any materials, online communications and other information that is or becomes available on the website. By accessing the website you accept and agree to be bound, without limitation or qualification by these terms. If you do not accept any of the terms stated here, do not use the website.
By accessing the website you accept and agree to be bound, without limitation or qualification by this policy. If you do not accept any of the terms stated here, do not use the website. If you have questions or concerns about this policy, you should contact us by emailing [email protected].
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND PARENT DAY OUT. In these Terms, the words "including" and "include" mean "including, but not limited to."
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Parent Day Out may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Parent Day Out may amend the Terms from time to time. Amendments will be effective upon Parent Day Out's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended
Agreement Between You and Parent Day Out
The website is owned and operated by Parent Day Out Inc (hereinafter “Parent Day Out”) and is offered to you conditioned on your acceptance without modification of the terms, conditions, disclaimers and notices contained herein. Use of the content, services, and/or products presented in any and all areas of this site constitutes your agreement that you will not use the website for any unlawful purpose and that you will abide by the following terms and conditions and those posted in specific areas of the site. This agreement between you and Parent Day Out (hereinafter “Agreement”) is effective until terminated by Parent Day Out, and may be terminated or changed by Parent Day Out at any time without notice.
In connection with your use of the website, you shall abide by all applicable federal, state or local laws including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency and copyright or trademark infringement. You are responsible for the content of any information that you put on the website. You agree that no materials of any kind submitted to the website by you will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material or be harmful to minors in any way. Parent Day Out has no obligation to, and does not in the normal course, monitor or control any information that is or becomes available on the Parent Day Out website. Parent Day Out reserves the right to refuse to post or to remove any information that is, in Parent Day Out’ sole discretion, unacceptable, undesirable or in violation of these rules. However, Parent Day Out has no obligation to exercise such reservation of rights by Parent Day Out. By posting content to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to Parent Day Out an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. Parent Day Out authorizes you to view and download the materials on the website solely for your personal, non-commercial use. You may not sell or modify any information on the website or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose without the advance written permission of Parent Day Out.
The website is designed to provide users with information to help choose schools for their children and understand the school system in their community. Unless otherwise noted, information included on the website is provided free of charge as a user convenience and is to be used for informational purposes only. Some information contained on the website may represent opinion or judgment or contain inadvertent technical oversights, factual inaccuracies, or typographical errors. Parent Day Out does not guarantee the accuracy or completeness of any information on the website. As such, Parent Day Out will not be responsible for any errors, inaccuracies, omissions or deficiencies in the information provided on the website. This information is provided “as is,” with no guarantees of completeness, non-infringement, accuracy or timeliness, and without warranties of any kind, express or implied. You therefore assume sole responsibility for all risks associated with the use of this information and further accept that Parent Day Out is in no way responsible for any consequences whatsoever to anyone arising from your use or interpretation of any information contained within or linked from or to the website. Before making decisions based on the information contained here, we strongly recommend that you visit the schools.
Use of the Website Information at Your Own Risk
The website may contain information or materials from various information sources such as school administrators and Parent Day Out does not represent or endorse the accuracy or reliability of any information or materials provided by these sources or any information, data, or analysis derived from these sources. Reliance upon any such information or material shall also be at your own risk. Neither Parent Day Out nor its affiliates, partners, officers, directors, employees, subsidiaries or agents shall be liable to you or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, or for any damages resulting therefrom.
Posting Your Content Online
When posting content online to Parent Day Out, you agree to the following terms and conditions. You give us a fully paid, royalty-free, irrevocable, perpetual, transferable, worldwide right and license (with the right to sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute submitted content and to prepare derivative works of, or incorporate into other works, such content, in any manner and medium. You further agree that (1) you will not submit any content that is protected by copyright or otherwise proprietary information of a third party, unless you have the right to do so; (2) any information you submit may be modified for brevity or for any other reason prior to posting at the sole discretion of Parent Day Out; (3) if you submit an email address, it may be used by Parent Day Out and in co-marketing or co-branded communications Parent Day Out may send you; (4) the Parent Day Out website and its contents are provided “as is” without any warranty, to the maximum extent permitted by law; (5) any information you submit will be true and correct; and (6) you will indemnify and hold Parent Day Out harmless to the extent that Parent Day Out is subject to claims arising from any information that you submit.
Who do I contact for help?
For additional help, please contact [email protected]
Parent Day Out respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the website, please contact us at [email protected] and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a screenshot of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Limitation on Liability
Under no circumstances shall Parent Day Out or any of its affiliates, partners, officers, directors, employees, subsidiaries or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential damages, including, without limitation, lost use, data, revenues, time, money, profits or goodwill arising from or in connection with the use, reliance on, or performance of the information on the website, even when Parent Day Out has been advised of the possibility of such damages. Parent Day Out shall not be liable for damages or injury caused in whole or in part, whether foreseeable or unforeseeable, and whether based in tort (including defamation), contract, strict liability or otherwise in producing and publishing this website or any information contained in this site or linked by or to this site. If your are dissatisfied with any of the website’s material or services, or with any of the website’s terms and conditions, your sole and exclusive remedy is to discontinue using the website.
The website may contain links to third-party websites. If included, Parent Day Out provides these links solely to assist users in locating other Internet resources that may be of interest to them and you assume sole responsibility and risk for your use of links to third-party websites. Parent Day Out does not operate or control in any respect any information, content, products or services on such third-party websites. Parent Day Out does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on these third-party websites. No reference or link to a third party or a third-party site shall constitute an endorsement of such third party or such third-party site.
Editorial and Advertising Policy
Parent Day Out has a policy of separation between editorial and advertising content. We do not allow advertisers to influence our editorial content. We believe you should always know the source of the information you’re reading, and we will not accept advertisements that we think are misleading. All advertising is either clearly separated from editorial content or clearly labeled “advertisement” or “from our sponsors.” We reserve the right to reject an ad based on its appropriateness to our audience.
Specific Disclaimer of Warranties
ALL MATERIALS AND SERVICES IN THIS WEBSITE, INCLUDING THOSE PROVIDED BY LINKS TO THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. PARENT DAY OUT MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND/OR THE CONTENT CONTAINED HEREIN. PARENT DAY OUT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, PARENT DAY OUT SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND INFORMATION THROUGH THE WEBSITE AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION ARISING FROM ANY SUCH LOSS OR INJURY.
Parent Day Out shall have the right, at its sole discretion, to make improvements and/or changes in any aspect of the website at any time and does not accept any responsibility for the effects these alterations may have. Parent Day Out also reserves the right to change, modify, add or remove terms of this agreement at any time without notice. You agree to review this Agreement periodically since such changes, modifications, additions or deletions shall be effective immediately upon posting and your subsequent use after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. This Agreement has been made in and shall be construed and enforced in accordance with Delaware law without regard to any conflict of law principles. Any claim or dispute between you and Parent Day Out, including any action to enforce this Agreement shall be brought in the federal or state courts located in Delaware, and you agree to the exclusive and personal jurisdiction of these courts. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
Except where noted otherwise, all website contents Copyright © 2018 Parent Day Out. All rights reserved under United States and foreign law. No part of the materials on the website, including but not limited to the text, graphics and html code, may be reproduced or transmitted in any form by any means without the advance written permission from Parent Day Out.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Parent Day Out on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Parent Day Out, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Parent Day Out by someone else.
Agreement to Binding Arbitration Between You and Parent Day Out
You and Parent Day Out agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Parent Day Out, and not in a court of law.
You acknowledge and agree that you and Parent Day Out are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Parent Day Out otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Parent Day Out each retain the right to bring an individual action in small claims court and 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.
Rules and Governing Law
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.orgor by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of New Jersey 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 seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure
Unless you and Parent Day Out otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Parent Day Out submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the 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.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If either party prevails in arbitration, that party will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.