Last Updated: March 15, 2012
1. ACCEPTANCE OF TERMS You represent and warrant to Mother Parkers that you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not use any Site unless your parent or guardian enters into the Terms on your behalf and consents to your use of the applicable Sites. By using any Site you agree, without limitation or qualification, to be bound by and to comply with the Terms. If you do not agree, without limitation or qualification, to be bound by and to comply with the Terms, stop using the Sites. Please note, before being allowed to access certain features of a Site or participate in certain activities being run via the Site, you may be required to: (i) register with the Site; and (ii) confirm your acceptance of the Terms by placing a clicking the “I AGREE” button that will appear at the end of these Terms in those circumstances. If you disagree with any provision of the Terms, DO NOT click on the “I AGREE” box and stop using the Site and the other Sites. Please note, participating in certain activities available through the Sites or accessing certain features of the Sites may require you to agree to further terms and conditions. You represent and warrant to Mother Parkers that your use of the Sites will not violate any applicable law or regulation in the province, state, territory or country in which you reside. If you are unable or unwilling to do so, stop using the Sites.
2. SIGNING UP FOR CERTAIN FEATURES OR ACTIVITIES When signing up to access certain features of any Site or participate in certain activities run via the Site, you represent and warrant that any information you provide about yourself is true and that you will maintain and promptly update such information to keep it true and current. If you are given a username and/or a password for the purpose of accessing certain features of any Site or participating in certain activities run via any Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform Mother Parkers immediately. Mother Parkers may, at any time, change any username or password assigned by Mother Parkers to you, and Mother Parkers will notify you when it does so. If Mother Parkers believes that you have breached the Terms, Mother Parkers reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of any or all of the Sites and terminate any licenses granted to you pursuant to the Terms without prior notice and without any liability to Mother Parkers.
3. USE OF THE SITES You may use the Sites for: (i) your own personal, non-commercial use; (ii) for participating in rewards or other marketing programs offered by Mother Parkers in which you are enrolling or enrolled; or (iii) for purchasing products from Mother Parkers. Mother Parkers “Terms of Sale” shall govern the purchase of any product. You will not: (i) seek to gain access to any portions of the Sites you are not authorized by Mother Parkers to access; (ii) use any Site to impersonate or falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) use any Site to either directly or indirectly interfere with, disrupt or damage the Sites, the server(s) on which it hosted, the networks connected to them or any other user’s access to the Sites; or (iv) adapt, translate, modify, decompile, disassemble, or reverse engineer any aspect of: (i) any Site; or (ii) any software or technology used in connection with any Site.
4. CONTENT “General Content” means all information, links, emails, postings, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials accessible on or via any Site. Mother Parkers will use reasonable efforts to verify the accuracy of any General Content that Mother Parkers posts to the Sites, but Mother Parkers does not guarantee the accuracy, integrity or quality of the General Content that Mother Parker’s posts to the Sites. Before using or relying on any General Content, you should take reasonable steps to verify its accuracy, completeness or usefulness: you are using it at your own risk. Provided that any marks, logos or other legends that appear on the screens are not removed from the printed copies of the screens, you may make or retain a single electronic copy of the General Content or any portion thereof and a single printed copy of individual screens appearing as part of the Sites for: (i) your personal, non-commercial use or records; (ii) maintain a record of your participation in any rewards or other marketing program offered by Mother Parkers; or (iii) maintain a record of any product or service purchased using any Site. You may not make or retain any other copies of the General Content or use the General Content for any other purpose. You may not modify, publish, display, transmit, adapt or in any way exploit any item of General Content, without the express prior permission of the Mother Parkers and, if the item of General Content was not posted to the Sites by Mother Parkers, the contributor of that item. Otherwise, all rights in and to any item of General Content are reserved by the contributor of that item. You agree not to use any crawler, spider, bot or other program to extract (in whole or in part) any General Content accessible on or via the Sites without Mother Parkers express permission to do so. You agree not to link to any page forming part of the Sites other than the home page or the log-in page of a Site without Mother Parkers’ prior written approval.
5. SUBMITTING CONTENT By submitting or sending feedback, product suggestions or any other materials to Mother Parkers (excluding personal information), you grant Mother Parkers a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such materials (in whole or part) and to incorporate it in other works in each case irrespective of the form, media, or technology used. You also warrant that any “moral rights” in the materials have been waived and that Mother Parkers, its successor and assigns may rely on those waivers.
6. SCREENING AND MONITORING CONTENT Mother Parkers may but is not obliged to review General Content. Even if Mother Parkers does so, the review may not be to your satisfaction. You acknowledge this and the consequence that follows from it: content accessible on or via the Sites may include materials that are offensive or otherwise objectionable to you. Mother Parkers is not obliged but reserves the right to monitor some, all, or no areas of the Sites from time to time: (i) to verify adherence to the Terms or any other rules, codes of conduct or guidelines posted by Mother Parkers in relation to any Site; or (ii) as required by law. Mother Parkers reserves the right, in its sole discretion, to reject, refuse to post, remove or block access to any General Content that is available via or on the Sites at any time, without notice and without liability.
8. SECURITY Although Mother Parkers has enacted certain safeguards to protect personal information being transmitted to or from the Sites in connection with any purchase or other matter, Mother Parkers does not guarantee the security of any such information transmitted to or from the Sites. Before using or relying on any means of transmitting any materials including but not limited to personal information to Mother Parkers, you should take reasonable steps to verify that the manner of transmission provides an adequate degree of protection: you are using it at your own risk.
9. LINKS TO THIRD PARTY WEB SITES Mother Parkers may provide via the Sites, or third parties may provide via the Sites, links to resources not forming part of the Sites. Mother Parkers has no control over such resources. You acknowledge and agree that Mother Parkers is not responsible for the availability of such external resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such resources. You further acknowledge and agree that Mother Parkers will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such resource. Your correspondence or business dealings with, or participation in promotions of, third parties accessible on or via any Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that Mother Parkers will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of any third parties on the Sites.
10. WARRANTIES THE SITES INCLUDING ANY GENERAL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE PRECEDING SENTENCE, MOTHER PARKER’S SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS WITH RESPECT TO THE SITES, GENERAL CONTENT OR OTHERWISE ARISING FROM THE TERMS INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the preceding paragraph, Mother Parkers does not warrant that the Sites or any General Content: (i) will be available at all times; (ii) will operate without errors; (iii) will be accessible regardless of the hardware or software that you wish to employ to access it; (iv) is absolutely secure, notwithstanding Mother Parkers’ use of commercially reasonable efforts to secure it; or is free from viruses or other harmful code, notwithstanding Mother Parkers’ use of commercially reasonable efforts to identify and eliminate such code. All exclusions of responsibility or liability set out in this agreement are made to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty may last. If any jurisdiction having applicability to the Terms does not permit any such exclusion or limitation, Mother Parkers’ total liability to you in connection with any breach of such a warranty will be subject to section 11 entitled “LIMITATION OF LIABILITY”.
11. LIMITATION OF LIABILITY IN NO EVENT WILL MOTHER PARKER’S, ITS REPRESENTATIVES OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE SITES, ANY GENERAL CONTENT OR THE TERMS, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS DATA, EVEN IF MOTHER PARKERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON. IN NO EVENT WILL MOTHER PARKERS BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON ANY SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON ANY SITE. WITHOUT LIMITING SECTIONS THE PRECEDING TWO PARAGRAPHS, THE LIMIT ON THE TOTAL CUMULATIVE LIABILITY OF MOTHER PARKER’S (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) TO YOU OR ANY PERSON, FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SITES, ANY GENERAL CONTENT OR THE TERMS, WILL NOT EXCEED $50.00. The limitations set out in the preceding three paragraphs will apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and will survive a fundamental breach or failure of essential purpose of any limited remedy or the Terms. Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to the Terms does not permit any such exclusion or limitation, Mother Parkers’ total liability to you in connection with any incidental, special or consequential damages will be limited by the third paragraph of this section. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to any Site, any General Content or the Terms must be filed within one year after such claim or cause of action arises or be permanently barred.
12. INDEMNITY You agree to indemnify Mother Parkers (its representatives and suppliers) and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from or relating to your use or misuse of the Sites or any General Content, or from any person’s use of any account or password you maintain in relation to the Sites, regardless of whether such use is authorized by you, or from any breach by you of any of the Terms.
13. INTELLECTUAL PROPERTY INFRINGEMENT It is the policy of Mother Parkers to investigate and respond to claims of intellectual property infringement. To the extent that any jurisdiction applicable to the Terms has a notice and take-down scheme like the one set out in the United States’ Digital Millennium Copyright Act, upon receipt of any notice alleging infringement that complies with such a scheme, Mother Parker’s will act promptly to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act promptly to remove or disable access to any reference or link to material or activity that is claimed to be infringing. If the materials were not posted by Mother Parkers, Mother Parkers may attempt to contact the person who posted such material in order to give that person an opportunity to respond to the notification, although Mother Parkers makes no promise to do so. Any and all counter notifications submitted by that person will be furnished to the complaining party. In all circumstances, Mother Parkers will give the complaining party an opportunity to seek judicial relief in accordance with any applicable laws before Mother Parkers replaces or restores access to any material as a result of any counter notification. Notices of claimed infringement should be sent to Mother Parkers’ Compliance Officer at the following email address: email@example.com. Please put “Notice of Infringement” in the subject line of all such notifications and include in each such notice a reasonably detailed description of the materials alleged to be infringing and the proprietary rights alleged to be infringed. “Mother Parkers” is a trademark of Mother Parkers. All other marks that appear throughout the Sites belong to Mother Parkers or the respective owners of such marks, and are protected by Canadian and international trade-mark and other laws. Any use of any of the marks appearing throughout any Site without the express written consent of Mother Parkers or the owner of the mark, as appropriate, is strictly prohibited.
15. GENERAL TERMS AND CONDITIONS The Terms (and each document incorporated by reference in the Terms) constitute the complete and exclusive agreement between you and Mother Parkers with respect to their subject matter, and supersede and replace any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding your use of the Sites. No provision of the Terms will be deemed to be waived by reason of any previous failure to enforce it. No provision of the Terms may be waived except in a writing signed by the party waiving enforcement. Should any provision of the Terms be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties. Mother Parkers and you are independent contractors and the Terms will not establish any relationship of partnership, joint venture, employment, franchise or agency between Mother Parkers and you. Neither Mother Parkers nor you will have the power to bind the other or incur obligations on the others behalf without the others prior written consent, except as otherwise expressly provided in the Terms. The Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to the conflict of laws provisions. You agree to submit to the jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings under, or related to, the Terms. Mother Parkers will not be liable for any failure or delay in its performance under the Terms due to any cause beyond its reasonable control. Mother Parkers may assign the Terms, in whole or in part, at any time with or without notice to you. You may not resell, assign, sublicense or otherwise transfer your rights or delegate your duties under the Terms, either in whole or in part, without the prior written consent of Mother Parkers. Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to any email address or address that you provided to Mother Parkers when registering (as updated by you in accordance with section 3 (SIGNING UP FOR CERTAIN FEATURES OR ACTIVITIES) and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to Mother Parkers pursuant to the Terms will be in writing and sent to Mother Parkers at the address then listed on any Site in the Contact Us section by fax or nationally recognized courier. Notices will be deemed to have been received one business days following: (i) email transmission by Mother Parkers to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid; or (iii) transmission if sent by facsimile and receipt confirmed by the facsimile machine used. [NTD: Be sure to keep the “Contact Us” sections consistent across all Sites.] The headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the Terms, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation”.
16. VIOLATIONS OF THE TERMS Should you violate the Terms or any other rights of Mother Parkers, Mother Parkers reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, restricting, suspending or terminating your access to all or any part of the Sites. If you are aware of any violations of the Terms, please report them to Mother Parkers’ Compliance Officer at the following email address: firstname.lastname@example.org.
17. CHANGES TO THE TERMS Mother Parkers may change the Terms from time to time and at any time. When Mother Parkers changes the Terms, Mother Parkers will: (i) post the updated version of the Terms on the Sites together with the date on which they were revised; and (ii) on home page for each Site for at least four weeks following any change to the Terms post a notice that the Terms have been updated. As well, Mother Parkers may, but is not obliged to, ask you to actively confirm your consent to the revised Terms. If Mother Parkers does not do so, but you continue to use any Site after the changes come into effect, you will be deemed to have agreed to abide by the revised Terms. If you do not agree with the revised Terms without qualification, stop using the Sites and instruct Mother Parkers to disable any password for any Site assigned to you. Mother Parkers reserves the right, in its sole discretion, to change or modify the Sites from time to time including but not limited adding or removing functionality or features or changing its name.