TalkingParents.com Terms of Service
1. Your relationship with TalkingParents.com
1.1 Your use of TalkingParents.com is subject to the terms of a legal agreement between you and TalkingParents.com. "TalkingParents.com" means Monitored Communications LLC, whose principal place of business is at 13 Memorial Parkway SE, Ft. Walton Beach, FL, United States. This document explains how the agreement is made up, and sets out the terms of that agreement.
1.2 Unless otherwise agreed in writing with TalkingParents.com, your agreement with TalkingParents.com will always include, at a minimum, the terms and conditions set out in this document.
1.3 These Terms form a legally binding agreement between you and TalkingParents.com in relation to your use of our Services. Our Services include all of our communication tools and our records of communication. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
2. Accepting the Terms
2.1 In order to use our Services, you must first agree to the Terms. You may not use our Services if you do not accept the Terms.
(A) clicking to accept or agree to the Terms during registration; or
(B) by actually using the Services. In this case, you understand and agree that TalkingParents.com will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with TalkingParents.com, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Terms for your records.
3. Language of the Terms
3.1 Where TalkingParents.com or any other service has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with TalkingParents.com.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by TalkingParents.com
4.1 TalkingParents.com must make use of other entities and companies in order to best provide you with our services while keeping the cost to you low and your information secure. Sometimes, these companies will be providing our Services to you on behalf of TalkingParents.com itself. You acknowledge and agree that such other companies will be entitled to provide the Services to you.
4.2 TalkingParents.com is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which TalkingParents.com provides may change from time to time without prior notice to you.
4.3 When a parent no longer wants or needs to use our service we recommend they do the following:
1. Create a new conversation to inform the other parent of your intent to stop using TalkingParents.com - thereby providing them with notice and documenting your intent.
2. Go to the My Account section and turn off the new message notifications. This way you will not receive emails from our system if the other parent continues to post messages.
3. Stop using TalkingParents.com.
We recommend this process because it will enable a parent to access their complete record at any time in the future should they ever need it. It also makes it easy to go back to using our service without creating multiple records.
If a user still wants to delete or otherwise cancel their account, we will provide multiple notices to the other parent regarding the matter. The account deletion process may take several weeks. Once an account is deleted, the other parent’s account will no longer be active and they will not be able to sign in. We want to be sure both users have an opportunity to download and save a copy of their record before they are essentially locked out of their account. We also archive a copy of the final record so it will be available long-term if necessary. Parents can obtain a copy of their archived record by contacting us at email@example.com. That said, we are not obligated to maintain these archived records for any period of time so we recommend all parents keep a copy of their final record in a safe and secure location.
4.4 You acknowledge and agree that while TalkingParents.com may not currently have set a fixed upper limit on the number of transmissions you may send or receive through our Services or on the amount of storage space used for the provision of our Service, such fixed upper limits may be set by TalkingParents.com at any time, at TalkingParents.com's discretion.
4.5 You acknowledge and agree that TalkingParents.com may cancel the services at any time. This section does not alter the provisions of section 4.3.
5. Use of the Services by you
5.1 You agree that any registration information you give to TalkingParents.com will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You further agree to use TalkingParents.com in accordance with any court order requiring, compelling, or suggesting you to do so.
5.3 You agree not to access (or attempt to access) any of our Services by any means other than through the interface that is provided by TalkingParents.com, the mobile version of our site, or any official apps, unless you have been specifically allowed to do so in a separate agreement with TalkingParents.com. You specifically agree not to access (or attempt to access) any of our Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts our Services (or the servers and networks which are connected to our Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with TalkingParents.com, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our Services or Records for any purpose.
5.6 You agree that you are solely responsible for (and that TalkingParents.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TalkingParents.com may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to TalkingParents.com for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify TalkingParents.com immediately at firstname.lastname@example.org and to change your account password.
7. Privacy and your personal information
7.1 TalkingParents.com will not provide your personal information provided during registration to anyone unless required by law (which may include a valid and legally sufficient subpoena). That said, we do not ask for your exact address, social security number, or bank account information so even if we are required by law to disclose what information we have, there isn’t much at stake.
7.2 TalkingParents.com will make complete records of all communications within a case available to both parents at all times. Parents are free to use our records however they like and may provide them directly to lawyers, courts, judges, mediators, counselors, friends, family, complete strangers, or anyone else. TalkingParents.com is not responsible for the unlawful, improper or tasteless distribution or use of our records of communication by users or anyone else. Our records are meant to be used in Court and therefore to become part of the public record. We hope this will encourage our users to act in a mature and professional manner with regard to their communications through our service.
7.3 Parents who choose to add a parenting coordinator or other third party to their case (should such functionality be available) agree to provide constant access to their entire record of communications to that third party. TalkingParents.com is not responsible for any distribution or use of our records by any such third party.
7.4 TalkingParents.com reserves the right to supply records of communication (primarily in electronic form) directly to certain entities without a valid subpoena or court order. Use of our service may be mandatory for one or both parents as part of a pretrial release program, domestic violence injunction or protective order, no contact order, probationary sentence or any other court order. In such circumstances TalkingParents.com may provide records of communication directly to Courts, Pretrial Services or Release programs, Prosecutor’s Offices, Probation Offices or any similar such entity. Use of our services under such circumstances constitutes an agreement to this provision and all other provisions of these Terms. Such entities must provide us with a copy of the court order or minutes requiring use of our service.
7.5 TalkingParents.com may include some advertising. It is our intent that any such advertising be tasteful, appropriate, and totally unobtrusive. If at any point you feel advertising is getting in the way of our service or is too distracting in any way please contact us at email@example.com. Advertising may be “targeted” in that it is based on a user’s location or content of their communications. That does not mean we are sharing your personal information with anyone or reading your communications. All it means is that a computer program is showing you particular advertising based on your location or some key word or phrase within your communications. This type of advertising is typical for many modern internet-based services.
8. Ban on unauthorized use
8.1 Unless you have agreed otherwise in writing with TalkingParents.com, nothing in the Terms gives you a right to use any of TalkingParents.com's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. The same goes for any original content on our website or within our service.
9. License from TalkingParents.com
9.1 TalkingParents.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by TalkingParents.com as part of our Services as provided to you by TalkingParents.com (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of our Services as provided by TalkingParents.com, in the manner permitted by the Terms.
9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by TalkingParents.com, in writing.
9.3 Unless TalkingParents.com has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use our Services, grant a security interest in or over your rights to use our Services, or otherwise transfer any part of your rights to use our Services.
10.1 TalkingParents.com will attempt at all times to keep your information confidential, subject to the other provisions of these Terms, especially those contained in section 7 above. Any breach of our security measures will be the sole responsibility of the breaching party and TalkingParents.com will not be subject to any sort of liability as a result. In the event of a security breach, TalkingParents.com will make every reasonable attempt to re-secure our services and will provide an explanation of the breach upon written request.
11. Ending your relationship with TalkingParents.com
11.1 The Terms will continue to apply until terminated by either you or TalkingParents.com as set out below.
11.2 If you want to terminate your legal agreement with TalkingParents.com, you may do so by notifying us at firstname.lastname@example.org.
11.3 TalkingParents.com may at any time, terminate its legal agreement with you if:
(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) TalkingParents.com is required to do so by law (for example, where the provision of our Services to you is, or becomes, unlawful); or
(C) The partner with whom TalkingParents.com offered our Services to you has terminated its relationship with TalkingParents.com or ceased to offer our Services to you; or
(D) TalkingParents.com is transitioning to no longer providing our Services to users in the country in which you are resident or from which you use our service; or
(E) The provision of our Services to you by TalkingParents.com is, in TalkingParents.com's opinion, no longer commercially viable.
11.4 Nothing in this Section shall affect TalkingParents.com's rights regarding provision of Services under Section 4 of the Terms.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TalkingParents.com have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms shall continue to apply to such rights, obligations and liabilities indefinitely.
12. EXCLUSION OF WARRANTIES
12.1 Nothing in these terms shall exclude or limit TalkingParents.com's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
12.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available."
12.3 No advice or information, whether oral or written, obtained by you from talkingparents.com or through or from the services shall create any warranty not expressly stated in the terms.
12.4 Talkingparents.com further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
13. LIMITATION OF LIABILITY
13.1 Subject to overall provision in paragraph 14.1 above, you expressly understand and agree that talkingparents.com, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
(a) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(b) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(i) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(ii) Any changes which talkingparents.com may make to our services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(iii) Your failure to provide talkingparents.com with accurate account information;
(iv) Your failure to keep your password or account details secure and confidential;
13.2 The limitations on TalkingParents.com's liability to you above shall apply whether or not talkingparents.com has been advised of or should have been aware of the possibility of any such losses arising.
14. Changes to the Terms
14.1 TalkingParents.com may make changes to the Terms or from time to time. Updated versions of the Terms shall be available at any time on our Registration page or by clicking on “Terms” at the bottom of our homepage TalkingParents.com.
14.2 You understand and agree that if you use the Services after the date on which the Terms have changed, TalkingParents.com will treat your use as acceptance of the updated Universal Terms or Additional Terms.
15. General legal terms
15.1 The Terms constitute the whole legal agreement between you and TalkingParents.com and govern your use of the Services (but excluding any services which TalkingParents.com may provide to you under a separate written agreement), and completely replace any prior agreements between you and TalkingParents.com in relation to the Services.
15.2 You agree that TalkingParents.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
15.3 You agree that if TalkingParents.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TalkingParents.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of TalkingParents.com's rights and that those rights or remedies will still be available to TalkingParents.com.
15.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.5 The Terms, and your relationship with TalkingParents.com under the Terms, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and TalkingParents.com agree to submit to the exclusive jurisdiction of the courts located within the county of Okaloosa, Florida to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TalkingParents.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
16. Ownership of Data and Records
16.1 Every user of TalkingParents.com owns their entire record of communications, including all messages posted by the other parent.
16.2 Every user of TalkingParents.com will have access to their entire record of communications at all times.
16.3 Every user or former user of TalkingParetns.com will have access to an archived copy of their record, pursuant to section 4.3 above, for as long as TalkingParents.com maintains a copy of that record.
16.4 TalkingParents.com has an ownership interest in all records created by TalkingParents.com users. We can not sell your record to anyone but we can keep a copy of it forever if we want to. We will not provide your record to anyone unless required by law or according to the terms of sections 7.2 and 7.4 above.
16.5 Our complete records include the content of each message and the details of every file upload and download. TalkingParents.com does not currently ofer a file-storage solution for our users. Once a file download link has expired, the file is no longer available on our servers and our records do not include the attached files themselves.
16.6 Absent a court order, we will never delete a complete record of communications at the request of a user.
April 10, 2015