Clever Parents Terms of Use Agreement

Clever Parents is a site created so that smart, successful, fun parents could benefit from the collective wisdom of, and interaction with, other smart, successful, fun parents. This website is operated by Clever Parents (”Clever Parents”.) Please be aware of the following before using the Clever Parents website and any products or services offered through the website including, but not limited to all content on www.cleverparents.com, www.cleverparents.tv, www.cleverweblogs.com, www.cleverparentsblog.com, www.cleverparentsblogs.com, message boards, discussion boards, information submittal forms, registration pages, etc (the “Website.”). By using the Clever Parents website you agree to be bound by the Terms of Use. The Terms of Use may be updated or modified from time to time without notice to you. All updates and modifications are effective upon posting by Clever Parents on the website.

The Website is provided “AS-IS” and Clever Parents assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to our Website. Nor does Clever Parents assume any liability for the failure to store or maintain any user communications or personal settings.

In using the Website, you warrant that you are able to form a binding contract. You also agree to that any information you provide about yourself is accurate and complete information at the time provided. You agree to timely update any information provided to Clever Parents to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for Clever Parents to suspend or terminate your account and refuse you service in the future.

Clever Parents is concerned about the safety and privacy of all its members and their children. Please remember that Clever Parents is designed to inform, educate, entertain, and support parents. It is, therefore, the responsibility of legal guardians (moms and dads) to determine whether any parts of our website are appropriate for your child.

In addition to this Terms of Use, when using a particular section of Clever Parents, you are also bound by the posted guidelines and rules for that particular section.

(1) Proprietary Rights

Certain names, logos, and/or phrases on our Website may constitute trademarks an/or copyrights of Clever Parents or its affiliates, members, or clients. The mark “Clever Parents” and the contents of this Website are the sole property of Clever Parents, a subsidiary of Clever Holdings, Inc. Reproduction in whole or in part is strictly prohibited without the expressly written permission of Clever Parents.

All of the writing on our website is the copyrighted property of Clever Parents, a subsidiary of Clever Holdings, Inc., and is protected as such. None of the material may be reproduced without our written permission. This copyright includes original content from our Website and material posted or submitted, whether edited or not, on our Website or in any other way we may distribute it. The right to download and store or output the materials found on Clever Parents is granted for viewing use only. Materials may not be reproduced in any form. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of Clever Parents is expressly prohibited.

Clever Parents reserves the right to republish and/or edit any material contributed by our readers. By posting a message, or submitting a tip, product, story idea, post or any other submittal, (”Information”) a user expressly grants the right to Clever Parents to republish, edit, distribute or sell the Information. Clever Parents expressly forbids the submittal of Information that is copyrighted without the permission of the copyrighted owner. If you believe that Information submitted to and displayed on Clever Parents is in violation of a copyright that you hold, please contact us immediately at Copyright@cleverparents.com. We make every effort to prevent copyright infringement, but the sheer volume of information on the web and elsewhere makes it impossible for us to verify that all Information sent to us is not in copyright infringement. It is important to note that all submitters are responsible for verifying that the information they submit is not in violation of any copyright. Author(s) may be held legally responsible for copyright infringement, defamation or invasion of privacy, as well as any damages arising out of actions resulting from materials submitted by you and posted by Clever Parents.

Clever Parents will have a nonexclusive global license to publish the content submitted by users and contributors within Clever Parents. Clever Parents will also have global nonexclusive adaptation and resale rights over any content and material submitted by users and contributors within Clever Parents’ World Wide Web sites. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted “for publication” within Clever Parents, including both message board postings and content submitted to Clever Parents for uploading and subsequent publishing within non-message board sections.

2) Content on the Website

Given the interactive nature of Clever Parents, we are not able to edit and ensure the accuracy of all the Information generated by our users, many of whom we have no official relationship.

Therefore, users of Clever Parents should handle the Information generated by fellow users with common sense caution. There’s a lot of great advice on Clever Parents, but users should consider any information and advice given by other users as a starting point for their own research. Clever Parents cannot guarantee the accuracy, efficacy, or veracity of any information provided within Clever Parents forums.

Clever Parents and Clever Parents’ staff are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated on our Website or for any results obtained from the use of such information or advice. Clever Parents will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained on this Website. Users and members should rely on their good sense when considering products, information, suggestions, or any other Information contained on this Website.

Clever Parents cannot guarantee that all content and materials that appear in Clever Parents Areas is not infringing on any registered or non-registered copyrights.

3) Time Out

Since playing nice and minding your manners makes everyone’s life happier, we insist on good old fashioned etiquette and ask that you agree to the following rules: (1) no offensive language that promotes hatred, racial, ethnic or otherwise; (2) no language that is vulgar or obscene; (2) no intimidation, stalking, or harassing language or otherwise threatening anyone in the community or elsewhere; (3) no promotion of junk mail, spam or any information that you no to be false; (4) no promotion or advocacy of behavior that you know to be illegal; (5) no actions that are harmful in any way to children; (6) no impersonating of someone else; (7) no posting of information that you do not have a right to make available, (this includes, but is not limited to, copyrighted information, information about products or services that would be considered proprietary or confidential); (8) no posting or uploading of any material that contains harmful computer code including, but not limited to, viruses, worms, spyware, etc.

4) Member information and solicitation

No member information including names of members or anyone in their family, or any other contact information may be used by outside vendors or other third parties for purposes of solicitation. Solicitation of our members without their consent is expressly prohibited. Misrepresentation or misappropriation of Clever Parents’ name or content by outside vendors is expressly prohibited and Clever Parents will take appropriate legal action.

5) Changes to the Website

Clever Parents reserves the right to make modifications and changes to our Website that may include suspending, updating, or canceling any service offered through our Website or any part thereof. As such, Clever Parents is not liable to any user or other third party for any change to our Website or service.

6) Rights of Termination

The Terms of Use will remain in effect while you use the Website or any Information contained therein. You may terminate your registration at any time for any reason. Clever Parents may terminate your membership for any reason including, but not limited to, violation of any of the stipulations in section of the Terms of Use. All terminations for cause shall be made at the sole discretion of Clever Parents.

7) Privacy

Information and data provided by you are subject to our Privacy Policy. This policy, as updated from time to time, can be found here: Clever Parents Privacy Policy.

8) Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF OUR AREA IS AT YOUR SOLE RISK. THE SERVICES PROVIDED IN OUR AREA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLEVER PARENTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

CLEVER PARENTS MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR AREA WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OFFERED IN OUR AREA WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE OPERATION OF AREA INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN OUR AREA IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLEVER PARENTS OR FROM ANY SERVICE PROVIDED IN OUR AREA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLEVER PARENTS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, DAMAGES FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION ON LIABILITY APPLIES EVEN IF CLEVER PARENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9) Operation of Law

You agree that Clever Parents may access, maintain, and disclose information you provide to Clever Parents if required to do so by law or if Clever Parents, in good faith, believes that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce Clever Parents’ Terms of Use; (iii) respond to claims that any material or information posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; (iv) respond to your customer service requests; or (v) otherwise protect the rights and property of Clever Parents, its vendors, community members, users and the general public.

Indemnity: You agree to indemnify and hold harmless Clever Parents, its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you in our Website, or by your use of our Website, or by your violation of Clever Parents’ Terms of Use, or your violation of the rights of another.

Disputes: The Terms of Use and the relationship between you and Clever Parents shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and Clever Parents agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Wake, North Carolina.

Other: The Terms of Use constitute the entire agreement between you and Clever Parents and govern your use of our Website and any Information or services offered on our Website or other channels of distribution. This agreement supersedes any prior terms of use agreements between you and Clever Parents.

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this agreement and that your account terminates with your death.

The failure of Clever Parents to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms of use shall remain in full force and effect.