PLEASE READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING YOUR REGISTRATION AND/OR USING ANY PART OF PARENTSCOPE, INCLUDING, BUT NOT LIMITED TO, THE WEBSITE OR ANY MOBILE APPLICATION (“PARENTSCOPE” or “THE PROGRAM”). IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT BY CLICKING ON THE “I AGREE” OR SIMILAR BUTTON, YOU MAY NOT USE THE SITE.
This agreement is between ParentScope (“we,” “us,” or “our”), owned and operated by Cascia, Ltd., a Nevada limited liability company, and you, and governs your use of ParentScope, including without limitation all information, content, design, text, graphics, and interfaces on ParentScope, and all products and services offered on or through ParentScope (“Content”). By clicking the “I Agree” button you agree to the terms and conditions contained in this Agreement.
Further, by accessing www.parentscope.com, and/or any other website owned or operated by Cascia, Ltd., you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
A. License Grant; Site Access; Disclaimer. Subject to the terms of this Agreement, we hereby grant, and you hereby accept, a limited, non-exclusive, non-transferable license to use ParentScope and the Content. You agree that you will not copy, modify, alter, revise, paraphrase, display, store, timeshare, sublicense, publish, transmit, sell, rent, lease or otherwise transfer or distribute ParentScope or the Content, or any portion thereof, or create derivative works thereof, except as specifically authorized herein. You further agree not to modify in any way, or delete, any warnings, notices, liability limitations, or other license provisions contained on ParentScope or in any Content. All information you provide to us through ParentScope must be current, accurate, and complete. If we at any time discover any error or omission in the information you provide to us, we may, at our sole discretion, terminate your right to access and use ParentScope. Additionally, ParentScope reserves the right to deny access to any individual or entities at our sole discretion, within the limitations of the law.
B. Services Disclaimer. ParentScope is not a substitute for the professional advice or direction of an attorney, mediator, or other qualified professional. We do not give legal advice, nor do we provide legal services. You represent and warrant that you have all rights necessary to receive, use, transmit, and disclose all data that you use in any way with ParentScope, and you acknowledge that your reliance upon ParentScope and any Content is solely at your own risk.
C. User Fees.
1. Subscription. Your use of ParentScope is subject to your payment of a subscription fee.
a. Subscription Rates and Terms
The standard subscription rate is $89.00 per year or $8.99 per month. The discounted subscription rate is $64.00 per year or $6.49 per month. ParentScope reserves the right to change the annual subscription fee at any time; however, we will grandfather any continuing and non-delinquent subscriptions to their initial subscription rate. We will charge your credit card for the subscription fee immediately.
b. Monthly v. Annual Subscriptions
Monthly subscriptions are automatically renewed each month, typically but not always on the same calendar date of each month. Annual subscriptions are automatically renewed on the yearly anniversary of your initial subscription, typically but not always on the same date each year. Both subscriptions are valid for the period of time selected and there is no obligation for you to renew your subscription, in accordance with the terms herein. Upon expiration of your subscription, unless you cancel your subscription prior to expiration, your account will be automatically renewed and your saved method of payment will be charged the subscription fee. ParentScope has no obligation to notify you that your current subscription is ending, or when your subscription will be renewed.
c. Requirements for Discounted Rate
Generally, discounted rates are reserved for pro bono, users with current fee waivers from their trial court, and other exceptional cases as determined by ParentScope’s discretion. To request a discounted rate, you must contact ParentScope by email at firstname.lastname@example.org prior to selecting and paying for your subscription. If you are requesting a discounted rate based on pro bono eligibility or a current fee waiver, you must send ParentScope a copy of evidence verifying your eligibility (e.g., a copy of your court order, a letter from your legal aid center, or a copy of your court docket showing a fee waiver). All other requests should include a detailed description of your current situation or hardship. ParentScope reserves all rights regarding any discounts or promotions offered to users, and all fee determinations made by ParentScope are final.
d. Changing Your Subscription
You may switch between annual and monthly subscription terms at any time; however, the change will take effect upon the expiration of your current subscription term. By changing your subscription term, you will be waiving any grandfathered rates and will be charged your new subscription rate based on the current rate schedule. Any changes to your subscription terms are not reversible as to any previous rate you may have received.
e. Cancelling Your Subscription
You have 30 days from the date of purchase of your first subscription term to receive a full refund; no partial refunds will be granted after the initial 30 days have expired. If you elect to terminate your subscription after it has been automatically renewed, you shall have 7 calendar days to notify ParentScope in writing (either by U.S. Mail, postage fully prepaid, or via email to email@example.com). Upon receipt of a timely request to terminate your subscription, the renewal amount will be refunded to you (minus any applicable payment processing fees) and your account will be deactivated. If your automatic renewal payment is unsuccessful, returned, or contested in any way, your access to your account will be suspended for up to 30 days or until the issue of payment is resolved, whichever comes first. If, after 30 calendar days, the issue of your unsuccessful, returned, or contested payment is not resolved, your account will be deactivated. If your account is suspended or deactivated due to payment issues, you will be required to contact ParentScope to reinstate your account.
f. Exceptions for split-term families
The only exception for canceling your annual subscription after the initial 30-day window and before the expiration of your subscription term is if your co-parent is signed up for a monthly subscription and terminates their subscription prior to the expiration of your subscription term. In the event of your co-parent’s cancelation, you will be contacted via email at your registered email address with verification that your co-parent terminated their subscription and that your account will be terminated early. You will be refunded the pro-rated amount of your subscription, calculated is if you were a monthly subscriber up to your full annual subscription amount (e.g., if your subscription is terminated after 3 months, you will be refunded your $89.00 annual subscription, minus $26.97 ($8.99 x 3 months); if your subscription is terminated after 11 months, you will not receive a refund because 11 months at the monthly rate (or $98.89) exceeds your annual subscription rate).
2. Elective services. ParentScope offers elective services and products that are separate from the subscription (i.e., inputting court orders in to account). These services are not required for use of ParentScope or access to the Contents. Should you elect to purchase one of these services, your credit card will be charged immediately for the service. These purchases are non-refundable. Any returned or contested payment to an elective service that has already been performed by ParentScope may cause your account to be suspended, pending resolution of the payment issue.
D. Use and Ownership of Intellectual Property. ParentScope consists of copyrighted works proprietary to us or to third parties who have provided us with Content. You may download and print copies of the Content solely for your personal, non-commercial use. Any material you download or print (excluding information provided by you) may not be altered in any way, and must respect all copyright and proprietary rights and notices wherever contained in the Content. Any unauthorized or unapproved use of ParentScope or the Content constitutes copyright infringement and may subject you to civil and criminal liability and/or penalties under appropriate laws and regulations.
You agree that ParentScope and our third-party Content providers own all worldwide right, title and interest in and to ParentScope and the Content. All rights; regardless of whether they are expressly granted in this Agreement, are reserved to us. No other rights or licenses, whether express, implied, arising by estoppel or otherwise are conveyed or intended by this Agreement.
E. Security. A password is required to access and use ParentScope. You, as the user, are the only individual permitted to access your registered accounts; accordingly, you must make every effort to ensure you are the only individual accessing your account. You are solely responsible for (1) maintaining the strict confidentiality of the password assigned to you; (2) instructing any individual to whom you disclose your password not to allow another person to use your password to access ParentScope without your express permission; (3) any charges, damages, or losses that may be incurred or suffered as a result of your failure, or the failure of any individual using your password, to maintain the strict confidentiality of the password; and (4) promptly informing us in writing of any need to deactivate a password due to security concerns. We are not liable for any harm related to authorization, disclosure or theft of your password. You agree to immediately notify us of any unauthorized use of your password. You will be liable for any use of ParentScope through your password. You are liable for any unauthorized use of ParentScope until you notify us of any security breach.
G. Confidential Personal Information. ParentScope enables you to transmit, store, and receive confidential personal information regarding you, your family or other persons. You represent and warrant that you will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the confidential personal information. You further represent and warrant that you will use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all legally necessary consents or permissions, required or advisable, to disclose, process, retrieve, transmit, and view the confidential personal information you transmit, store, or receive in connection with ParentScope. You agree that we, our licensors, and all other persons or entities involved in the operation of ParentScope, have the right to monitor, retrieve, store and use confidential personal information in connection with the operation of ParentScope, and that we are acting on your behalf in transmitting confidential personal information. We agree to use commercially reasonable efforts to maintain the confidentiality of such information and prevent the disclosure of such information to third parties except in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf and as may be required or permitted by law. We cannot and do not assume any responsibility for your use or misuse of confidential personal information or other information transmitted, monitored, stored or received while using the site or any services offered thereon.
H. Warranty Disclaimers. ParentScope is provided to you on an “as is, with all faults” basis, and your use is at your own risk. We make no warranties of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and any warranties arising by course of dealing, custom or trade. We make no representation or warranty that any content is accurate, complete, appropriate, reliable, or timely. We also make no representations or warranties that your access to and use of ParentScope (1) will be uninterrupted or error-free; (2) is free of viruses, unauthorized codes, or other harmful components; or (3) is secure. You are responsible for taking all precautions you believe necessary or advisable to protect yourself against any claim, damage, loss or hazard that may arise by virtue of your use of ParentScope.
I. Limitation of Liability. Under no circumstances will we, or any of our providers be responsible or liable to you or any other individual or entity for any direct, compensatory, indirect, incidental, consequential (including lost profits and lost business opportunities), special, exemplary, or punitive damages that result from or relate in any manner whatsoever to (1) use of ParentScope or any services offered thereon; (2) reliance on the content by you or anyone using your password; or (3) errors, inaccuracies, omissions, defects, untimeliness, security breaches, or any other failure to perform by us or our content providers. The foregoing exclusion shall apply regardless of whether we have been advised of the possibility of such damages.
If, notwithstanding the terms of this agreement, we should have any liability to you or any third party for any loss, harm or damage, you and we agree that such liability shall under no circumstances exceed the lesser of $1,000.00 or the fees you paid to us during the 12 months immediately preceding the day the act or omission occurred which gave rise to your claim. You and we agree that the foregoing limitation of liability is an agreed upon allocation of risk between you and us which considers the fees, if any, we charge you to use ParentScope. You acknowledge that absent your agreement to this limitation of liability, we would not provide ParentScope to you.
J. Indemnity. You agree to defend, indemnify and hold us harmless from any claims, losses, expenses, costs or damages (including reasonable attorneys’ fees, expert fees; and other costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of the terms of this Agreement; (2) use of ParentScope and any services offered thereon by you or any other person using your password; and (3) the unauthorized or unlawful use of ParentScope by you or any other person using your password.
K. Termination of Agreement. Your right to access and use ParentScope immediately terminates without further notice upon your breach of this Agreement. We may terminate this Agreement and/or your right to use the Site at any time, with or without cause. Paragraphs A, B, G, H, I, J and K of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. We reserve the right to discontinue or make changes to ParentScope at any time.
L. Assignment/Waiver. We may assign this Agreement, in whole or in part, in our sole discretion. You may not assign your rights under this Agreement without our prior written permission. Any attempt by you to assign your rights under this Agreement without our permission shall be void. The waiver by us of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. The laws of the State of Nevada govern this Agreement, without giving effect to any principles of conflicts of law.
M. Entire Agreement. This Agreement contains the entire agreement between you and us relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. You agree that you have not relied on any other verbal or written statements, actions or representations by us, our employees, or agents in consenting to the terms of this Agreement. This Agreement may not be amended or supplemented by any document originated by you relating to the subject matter hereof, or any statements of any of our employees and agents. We reserve the right to make changes to this Agreement at any time without advance notice. We agree to put any amended forms of this Agreement on ParentScope. You must read and assent to the most current form of this Agreement before using the Site to ensure that you agree to the terms and conditions of any amendments made to this Agreement. We encourage you to review these Terms and Conditions and our other policies occasionally to determine if any changes have been made and to make sure that you understand how those changes may impact you.