Effective Date: November 4, 2017
Certain features, products or software that you purchase or download from the Website may be subject to additional terms and conditions presented to You at the time that You use, purchase or download them. And when You decide to enter a contest or sweepstakes, we present the terms and conditions for the contest or sweepstakes to You. In addition, some areas of the Website provided by our third party partners and are subject to separate terms and conditions of use, which are posted within those areas.
We also reserve the right to deny access to the Website or any features of the Website to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy the Website or infringes the rights of others.
“Content” means all content contained in the Website, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all related patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of
“Net Parents Product(s)” means and refers to any products purchased from Net Parents or third parties through the Website or any Net Parents mobile application.
“Post or Provide” (or any derivative thereof) means to upload, post, transmit, share, store, submit, link to or otherwise make available on the Website.
“Website” means any websites, web pages, and any subpages (including any mobile websites, web pages and subpages) under Net Parents’ control, whether partial or otherwise. This includes, but is not limited to, www.netparents.org, any subpages, and the website from which these Terms were accessed from. This also includes the Content.
“You,” “Your,” and “User” mean and refer to all individuals and/or entities who are accessing or using the Website or the Services for any reason.
Eligibility and Account
If You are accepting these Terms on behalf of a company or other legal entity, You have the authority to bind that company or legal entity to these Terms. You also certify that You are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. You are responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Terms and that they comply with them. This includes any person who is authorized to access Your account via Your login, and any additional logins associated with Your account. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
You must be 18 years of age or older and have a valid credit card to purchase any Net Parents Products on Our Website or to create an account on Our Website. If You are under the age of 18, You agree and warrant that You have Your parent or legal guardian’s consent to access Our Website.
Some Services require You to create an account to participate in such Service. By creating an account, You represent that (i) You are over the age of 18, (ii) You are responsible for maintaining the confidentiality of Your account and password, and (iii) You accept responsibility for all activities that occur under Your account, password and any logins associated with Your account. You hereby represent that all registration information You submit is accurate, current and complete and that You are solely responsible for the accuracy of such information. You agree to update Your account information to keep it current and accurate.
You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, password or other account information, another person’s name or likeness or provide false details, unless and only in the circumstance that You have been authorized to create a login associated with another User’s account.
Net Parents reserves the right to accept or refuse Your application for an account (in Our absolute and sole discretion).
As part of the Services, We may send SMS messages to You using a short code text messaging service, for example, We may send You an SMS message to confirm Your signup when You opt in to the Service or to provide customer service. By providing Your mobile phone number and using the Services, You hereby affirmatively consent to Our use of your mobile phone number for calls and texts in order to perform and improve upon the Services. We will not assess any charges for calls or texts, but standard message charges or other charges from Your wireless carrier may apply. You may opt-out of receiving text messages from Us by modifying Your account settings on the Website or Company’s mobile application, or by emailing email@example.com.
Rules of Conduct
You agree and warrant that You will not use the Services in a manner that is illegal or otherwise inconsistent with these Terms. In addition, You will not use the Services in a manner that Net Parents deems, in its sole discretion, objectionable.
You agree that You will access the Services only through the interfaces provided.
You agree not to do any of the following:
If you post something to the Website, such as comments or other content, do not post anything that:
You also must comply with all applicable laws and contractual obligations when you use the Website.
Net Parents will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Net Parents may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that Net Parents has no obligation to monitor Your access to or use of the Services or the Content, but has the right to do so for the purpose of operating the Services, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Copyright Infringement Notices
If You are a copyright owner or a direct agent thereof and believe that any User submission or other Content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our designated agent at the following email address (firstname.lastname@example.org) with the following information in writing:
It is Our policy to terminate the account of any User who is the subject of repeated takedown notices.
Net Parents may offer community features, such as forums, as part of the Services. You must be over the age of 18 to participate in any community features. In addition, Net Parents may allow You to submit information to Net Parents through forms and other manners in connection with obtaining customer support from The Website’s help center. You may Post or Provide reviews, comments, photos, images, logos, descriptions and other content and submit suggestions, ideas, comments, questions, opinions and feedback (collectively, the “User Content”). You may not Post or Provide User Content that (i) is illegal, libelous, offensive, harmful, obscene, pornographic, threatening, defamatory or invasive of privacy, including User Content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals; (ii) exploits people in an abusive, violent or sexual manner or that promotes illegal activities or provides instructions on how to conduct illegal activities; (iii) contains software or any other material, including without limitation photos, videos or files, that violates the intellectual property rights (or rights of privacy or publicity) of any third party; or (iv) consists of or contains software viruses, political campaigning, objectionable materials, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity or otherwise Post or Provide any misleading information or User Content that You know is false or inaccurate. Net Parents reserves the right (but not the obligation) to remove or edit such User Content, at its sole discretion.
If You do Post or Provide User Content, You grant Net Parents a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media, including, without limitation, for troubleshooting, marketing, product development and any other commercial or non-commercial purpose in Net Parents’ sole discretion, without payment or compensation to You of any kind. You grant the Website and Our sublicenses the right to use the name that You submit in connection with such User Content, if We or they choose to use it. You represent and warrant that (i) You own or otherwise control all of the rights to the User Content that You Post or Provide; (ii) that the User Content is accurate; (iii) that use of the User Content You supply does not violate the Terms or applicable laws, rules or regulations and will not cause injury to any person or entity; and (iv) that You will indemnify Net Parents for all claims resulting from User Content You supply. The Website has the right but not the obligation to monitor and edit or remove any activity or User Content. Net Parents takes no responsibility and assumes no liability for any User Content Posted or Provided by Your or any third party.
Please do not send us Your ideas for Our business. We are always thinking and creating, and we may have similar ideas of Our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are assigning to us the right to use them, and you waive and release us from claims that we have used Your ideas without your permission.
Net Parents does not pre-screen, review, edit or approve any User Content. The Net Parents community may flag inappropriate User Content and Net Parents may, in its sole discretion, remove or disable access to any User Content.
By Posting or Providing User Content, providing registration information or otherwise sharing any information on the Website, You represent and warrant that (i) You are the owner or otherwise have the right to publicly distribute the User Content and/or other information, (ii) You have the necessary consent or authorization to Post or Provide such User Content and/or other information and (iii) such User Content and/or other information is accurate to Your knowledge. Any User Content Posted or Provided will be considered public, and Net Parents will not be responsible for the actions of Users with regards to any public information.
Responsibility for Public Postings and Content
Responsibility for what is posted in public areas of the Website lies with each user – you alone are responsible for the material you post or otherwise make available in public areas of the Website. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.
The Services are protected under patent, copyright, trademark, and/or other laws. Subject to Your compliance with the Terms, Net Parents and/or its licensors provide You with a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. The Services and all Content, including, without limitation, any User Content, remain the property of Net Parents licensors and We do not transfer title to any portion of the Services to You. The compilation, collection, arrangement, or assembly of all Content is the exclusive property of Net Parents and protected as well. Any code or software code that Net Parents creates, generates or displays in the Services is also protected and You may not copy or adapt such code.
Unauthorized use of the Services may violate applicable laws and is strictly prohibited. You may not copy the Services or any part thereof without Net Parents’ prior written authorization. Any code or software code that Net Parents creates to generate or display the Services are also protected by Net Parents’ copyrights, and You may not copy or adapt such code.
Disclaimer of Warranties
THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. WE PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE MEDICAL OR HEALTHCARE ADVICE OR DIAGNOSIS, AND MAY NOT BE USED FOR SUCH PURPOSES. YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROVIDER ABOUT YOUR SPECIFIC CIRCUMSTANCES, INCLUDING BEFORE STARTING ANY TREATMENT, MEDICAL OR OTHERWISE.
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.
IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON THE SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.
YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
The communications between you and us via Net Parents use electronic means, whether you visit the Website or send us an email, or whether we post notices on the Website or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Certain sections of Net Parents may allow you to purchase different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on our Website, or on a third-party website that you have accessed via a link on our Website, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Website, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release Net Parents and our affiliates from any damages that you incur, and agree not to assert any claims against us or any of our affiliates, arising from your purchase or use of any products or services made available by third parties through the Website.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use Net Parents, and to purchase services or products through the Website, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
In 2015, the Federal Trade Commission released their new rules for Disclosure Compliance. These rules are set in place to ensure that readers or viewers of web media are aware if the blogger or publisher is sponsored, endorsed, or partnered with a different company. The readers need to know if the content publisher is making money by sharing a link or product. In compliance with the FTC guidelines, please assume the following about links and posts on the Website: Any/all of the links on Net Parents are affiliate links for which we receive a small compensation from sales of certain items.
Purchases are made on external affiliate company websites: when You click on an affiliate link located on Net Parents to purchase an item, You buy the item from the seller directly (not from Net Parents). Amazon and/or other companies pay Net Parents a small commission or other compensation for helping to bring customers to their website. Prices are exactly the same for readers whether they purchase the product through an affiliate link or a non-affiliate link. Clicking an affiliate link and clicking a non-affiliate link does not change the price or anything else for the visitor.
Net Parents is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for website owners to earn fees by linking to Amazon.com and affiliated sites, as well as to other websites that may be affiliated with Amazon Service LLC Associates Program.
If you click a product affiliate link and buy the product, then Net Parents will get a percentage of the sale or some other type of compensation.
Again, prices are not different if You use these affiliate links. You will not pay more by clicking through to the link. These links are not “pay per click.”
Net Parents does not write sponsored posts. We want to provide authentic, un-biased information based on Our own research from customer reviews, Consumer Reports, and other established websites. However, if a company would like to publish sponsored content on the Website, We will disclose this clearly in the beginning of the post.
Your purchase helps support Our research efforts. Thank you very much!
TO THE FULLEST EXTENT POSSIBLE BY LAW, NET PARENTS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR THE NET PARENTS PRODUCTS WILL OPERATE ERROR-FREE, BE AVAILABLE, OR THAT THE SERVICES AND NET PARENTS’ SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, NET PARENTS IS NOT RESPONSIBLE FOR THOSE COSTS. EXCEPT FOR ANY LIMITED WARRANTIES PROVIDED BY THIRD-PARTY MANUFACTURERS THAT ARE INCLUDED WITH YOUR NET PARENTS’ PRODUCTS AT THE TIME OF PURCHASE, THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND AND NET PARENTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NET PARENTS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT IN THE SERVICES. NET PARENTS MAKES NO WARRANTY WITH REGARD TO ANY OF THE NETPARENTS PRODUCTS.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK OF USING THE SERVICES REMAINS WITH YOU AND IN NO EVENT SHALL NET PARENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES TO PROPERTY OF ANY KIND OR FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE NET PARENTS PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NET PARENTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL NET PARENTS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR NET PARENTS PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO Net Parents FOR USE OF THE SERVICES AND THE AMOUNTS YOU PAID FOR THE NET PARENTS PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NET PARENTS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Net Parents, its parent, subsidiaries, affiliates, and their respective officers, directors, successors, subsidiaries, contractors, technology providers, advertisers, employees and agents, from and against any claims, actions, losses, costs, liability or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) Your use of the Services, (ii) Your breach of these Terms, including Your representations and warranties herein or (iii) Your violation of any applicable laws.
Net Parents reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of Net Parents. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
Term and Termination
These Terms will remain in full force and effect while You are a User of the Services. Net Parents reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling or terminating Your account and/or Your access to and ability to use the Services and/or any other services provided to You by Net Parents, at any time for any or no reason and without any notice. Even after You are no longer a User of the Services, the provisions of these Terms will remain in effect.
You may terminate this Agreement at any time by ceasing all use of the Services. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Changes to the Website
Net Parents reserves the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Website or any portion of the Website. You agree that We will not be liable to You or to any third party for any such modification, suspension or discontinuance.
Removal of Your Information
If You believe Your name and/or other personally identifiable information have been used on Net Parents without Your permission and You would like to have such information removed, please send Us a request by email at email@example.com.
Any and all commercial use of the Services is expressly prohibited without the written consent of Net Parents. This includes but is not limited to collecting names, information, contacting Users, lead generation, and all other commercial activities.
It is our goal to provide increased value to visitors to the Website. Therefore, the Website or Service (including online advertisements) might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. These links are provided solely as a convenience and not as an endorsement by Net Parents of the contents on such third-party websites. Please understand that such linked websites are independent from Net Parents and that We have no control over the content of such websites. Consequently, Net Parents cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.
Payment Card Industry Data Security Standard and Related Standards and Regulations
You acknowledge that Net Parents has no control over its partners, merchants, and any third party sites, which appear or are linked to from the articles on Net Parents’ Website. Net Parents has no knowledge and makes no representation, warranty, or guarantee that such partners, merchants, or third parties are compliant with the Payment Card Industry Data Security Standard and related standards and regulations.
Access Outside of Canada
Net Parents makes no claims that the Services may be lawfully viewed, downloaded, or accessed outside of Canada. Access to the Services may not be legal by certain persons or in certain countries. If You access the Services You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. When You access the Services You acknowledge and agree that information You provide may be transferred to a jurisdiction other than Your country of residence and that the laws, including what is determined to be “personal data and/or information,” are different and may be less protective than those applicable to You in Your country of residence. By accepting these Terms You acknowledge, agree and consent to (1) the transfer to and processing of personal information on servers located outside of the country where You reside, (2) Net Parents’ collection and use of Your personal information as described in
In the event a dispute arises between You and Net Parents, you must contact Net Parents at firstname.lastname@example.org to give us an opportunity to resolve the dispute informally through negotiation. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after You provide notice of the Dispute. If Net Parents does not resolve Your Dispute within 60 days from receipt of notice of the Dispute, either party may pursue a claim in arbitration pursuant to the terms of this Section.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Toronto, Ontario, Canada using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
You and Net Parents agree to treat the arbitration proceedings and any related discovery confidential.
Exclusions from Arbitration
YOU AND WE AGREE THAT ANY CLAIM FILED BY EITHER PARTY IN SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
Class Action Waiver
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE SPECIFICALLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.
Right to Opt Out of Binding Arbitration and Class Waiver
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO OUR BARRISTER AND SOLICITOR, IRVING ROSENBERG, 1000 FINCH AVENUE WEST, SUITE 507, TORONTO, ON M3J 2V5, ATTENTION: NET PARENTS, BY CERTIFIED MAIL RETURN RECEIPT REQUESTED AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT INFORMATION, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, the Dispute will be decided by a court, and you and we each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.