Parents Helping Parents Terms of Service
Last Updated: July 5, 2018
Welcome, and thank you for your interest in Parents Helping Parents, Inc. (“PHP,” “we,” or “us”) and our website at www.php.com, along with our related websites and other services provided by us (collectively, our “Sites”). These Terms of Service are a legally binding contract between you and PHP regarding your use of the Site.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I AGREE,” OR BY OTHERWISE ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING PHP’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE TO USE THIS SITE (AS DESCRIBED IN SECTION 2 BELOW), OR IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SITE AND YOU SHOULD REFRAIN FROM DOING SO. YOUR USE OF THE SITE, AND PHP’S PROVISION OF THE SITES TO YOU, CONSTITUTES AN AGREEMENT BY PHP AND BY YOU TO BE BOUND BY THESE TERMS.
1. About PHP. Parents Helping Parents is a nonprofit, multi-service family resource center established in 1976 to meets the needs of one of our community’s most vulnerable populations – individuals with any special need and their families. Our Sites contain information regarding training, and support services for families who have children with special needs and the professionals who serve them. Through the Sites, you may access certain services we may offer from time to time, such as accessing our training materials, registering for events, donating to our organization, and signing up to receive emails from us.
2. Eligibility. You must be at least 18 years old to use any of the Sites. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Site; and (c) your registration and your use of the Site is in compliance with any and all applicable laws and regulations. If you are using the Site on behalf of an entity, organization, or company, you represent and warrant that you have authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
3. Accounts and Registration. To access certain features of the Site, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at info@php.com.
4. Donations. You may donate to PHP by using the “Donate” link on the Sites. ALL DONATIONS ARE FINAL UNLESS PHP DETERMINES, AT ITS SOLE DISCRETION, THAT A REFUND IS APPROPRIATE.
4.1 Use of Third Party Donation Processors. Please note that when making a donation via the Sites, you may exit the Sites and enter the site of a third party donation processor. All donation payment transactions are handled by such third party donation processor, and not by PHP. Such third party donation processor may have independent terms of service and a privacy policy which you will be subject to when making a donation using such third party donation processor’s service, and we encourage you to review all such terms prior to making any donation.
4.2 Recurring Donations. If you set up recurring donations, you authorize us to continue to charge your credit card or other payment account on a monthly basis. YOU MAY PROVIDE US NOTICE TO TERMINATE RECURRING DONATIONS BY CONTACTING US AT INFO@PHP.COM. Upon your providing notice to PHP to terminate recurring donations, PHP will use reasonable efforts to update your donation preferences promptly. If you provide us notice to terminate recurring donations less than 10 days prior to a scheduled monthly charge, we may not be able to cancel the monthly charge until the next monthly cycle.
5. Licenses
5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, PHP grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and the Materials (as defined in Section 6 below).
5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not make modifications to the Site or interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it.
5.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site (“Feedback”), then you hereby grant PHP an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site, Materials (as defined in Section 6 below), and create other products and services.
6. Ownership; Proprietary Rights. The Site is owned and operated by PHP. The visual interfaces, graphics, design, compilation, information, videos, training materials, presentations, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (collectively “Materials”) provided by PHP are protected by intellectual property and other laws. All Materials included in the Site are the property of PHP or its third party licensors. Except as expressly authorized by PHP in these Terms, you may not make use of the Materials. PHP reserves all rights to the Materials not granted expressly in these Terms.
7. Third Party Terms
7.1 Third Party Sites and Linked Websites. PHP may provide tools through the Site that enable you to export information, including User Content (as defined in Section 8 below), to third party services, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that PHP may transfer that information to the applicable third party service. Third party services are not under PHP’s control, and, to the fullest extent permitted by law, PHP is not responsible for any third party service’s use of your exported information. The Site may also contain links to third party websites. Linked websites are not under PHP’s control, and PHP is not responsible for their content.
7.2 Third Party Software. The Site may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Site is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
8. User Content
8.1 User Content Generally. Certain features of the Site may permit users to upload content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Site. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site.
8.2 Limited License Grant to PHP. By providing User Content to or via the Site, you grant PHP a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid up right and license (with the right to sublicense) to host, store, transfer, transmit, display, perform, reproduce, modify, create derivative works, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
8.3 Limited License Grant to Other Users. By providing User Content to or via the Site to other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Site.
8.4 User Content Representations and Warranties. PHP disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content to or via the Site. By providing User Content to or via the Site, you affirm, represent, and warrant that:
a. you are the sole and exclusive creator and owner of the User Content, or have all necessary licenses, rights, consents, and permissions to authorize PHP and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by PHP, the Site, and these Terms;
b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause PHP to violate any law or regulation; and
c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
8.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. PHP may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Site you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against PHP with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, PHP does not permit copyright-infringing activities on the Site.
8.6 Monitoring Content. PHP does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Site by its users. You acknowledge and agree that PHP reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site for operational and other purposes. If at any time PHP chooses to monitor the content, PHP still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
9. Prohibited Conduct. BY USING THE SITE YOU AGREE NOT TO:
a. use the Site for any illegal purpose or in violation of any local, state, national, or international law;
b. harass, threaten, demean, embarrass, or otherwise harm any other user of the Site;
c. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
d. interfere with security-related features of the Site, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content or access to another user’s account or information; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
e. interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Site; (iii) attempting to collect personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site;
f. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other Site account without permission,
g. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
h. attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.
10. Digital Millennium Copyright Act
10.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Site, you may contact our Designated Agent at the following address:
Parents Helping Parents, Inc.
ATTN: Copyright Notification
1400 Parkmoor Ave, Ste 100,
San Jose, CA 95126
(408) 727-5775
Email: info@php.com
Any notice alleging that materials hosted by or distributed through the Site infringe intellectual property rights must comply include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
10.2 Repeat Infringers. PHP will promptly terminate the accounts of users that are determined by PHP to be repeat infringers.
11. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Site. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 11, these Terms may be otherwise amended only by a written agreement signed by authorized representatives of PHP and the party to whom the specific amendment to these Terms apply. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
12. Termination of Use and Modification of the Site
12.1 Termination. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, PHP may, at its sole discretion, terminate these Terms or your account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting us at info@php.com.
12.2 Effect of Termination. Upon termination of these Terms, your license rights will terminate and you must immediately cease all use of the Site and the Materials; and you will no longer be authorized to access your account or the Site or Materials. Sections 5.3, 6, 8, 12.3, 13, 14, 15, and 16 of these Terms will survive any termination.
12.3 Modification of the Site. PHP reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. PHP will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.
13. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify PHP and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “PHP Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
14. Disclaimers; No Warranties
THE SITES AND ALL SERVICES, MATERIALS AND CONTENT AVAILABLE ON OR THROUGH THE SITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PHP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITES AND ALL SERVICES, MATERIALS AND CONTENT AVAILABLE ON OR THROUGH THE SITES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PHP DOES NOT WARRANT THAT THE SITES OR ANY PORTION OF THE SITES, OR ANY SERVICES, MATERIALS OR CONTENT OFFERED ON OR THROUGH THE SITES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PHP DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR PHP REPRESENTATIVES OR ANY SERVICES, MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SITES WILL CREATE ANY WARRANTY REGARDING PHP OR THE SITES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITES AND YOUR DEALING WITH ANY OTHER SITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. PHP does not disclaim any warranty or other right that PHP is prohibited from disclaiming under applicable law.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PHP BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES OR ANY SERVICES, MATERIALS OR CONTENT PROVIDED ON OR THROUGH THE STIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PHP HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF PHP TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO US$100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Miscellaneous
16.1 General Terms. These Terms, together with PHP’S Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and PHP regarding your use of the Sites. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
16.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and PHP submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Site from our offices in California, and we make no representation that Materials included in the Site are appropriate or available for use in other locations.
16.3 Privacy Policy. Please read the PHP Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The PHP Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
16.4 Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
16.5 Consent to Electronic Communications. By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
16.6 Contact Information. The Site is offered by Parents Helping Parents, Inc. located at 1400 Parkmoor Ave, Ste 100, San Jose, CA 95126. You may contact us by sending correspondence to that address or by emailing us at info@php.com. You can access a copy of these Terms by clicking here: Terms & Conditions
16.7 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
16.8 No Support. We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies.
16.9 International Use. The Site is intended for visitors located within the United States. We make no representation that the Sites or the Materials are appropriate or available for use outside of the United States. Access to the Sites from countries or territories or by individuals where such access is illegal is prohibited.