WEBSITE DISCLAIMER

 

The information contained in this website is for general information purposes only. The information is provided by In Touch Parenting and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL IN TOUCH PARENTING BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF INCOME, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT IN TOUCH PARENTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

Every effort is made to keep the website up and running smoothly. However, In Touch Parenting takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Indemnification: You agree to indemnify and hold harmless In Touch Parenting, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Web Site; Content you submit, post, or transmit through the Web Site; your breach of the Agreement; and your connection to the Web Site.

Modification or Suspension of the Web Site: You agree that In Touch Parenting may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that In Touch Parenting will not be liable for the consequences of doing so.

Termination: You agree that In Touch Parenting may, in its sole discretion, and at any time, terminate your use of the Web Site, and may remove or delete any or all of your content within the Web Site, without prior notice to you for any reason that In Touch Parenting, in its sole discretion, deems appropriate. You further agree that In Touch Parenting will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.

Severability of Agreement: If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Limitations of Actions Brought Against In Touch Parenting: You agree that any claim or cause of action arising out of your use of the Web Site or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.

Applicable Law: The Agreement and the resolution of any dispute related to the Agreement, the Web Site, or items you purchase through the Web Site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Any legal action or proceeding between In Touch Parenting and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California, County of Orange, and you agree to submit to the personal and exclusive jurisdiction of such courts.

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