Padres al Día.com Terms of Use Agreement

Welcome to our Website. By using our site, you are agreeing to comply with and be bound by the following Terms of Use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods or products from this site.

1. Acceptance of Terms. By using our Internet Website, you indicate your unconditional acceptance of the following terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement shall apply to all padresaldia.com online services and features unless otherwise indicated. This Agreement may be amended at any time by us without specific notice to you. Please read the Agreement carefully, as the terms may have changed since your last visit. The most recent version of the Agreement is posted on the Site at http://www.padresaldia.com. You should review this Agreement prior to using the Site.

2. Scope of Service. Padres al Día ("we") maintains this Site as a service to the user community that visits the Site subject to this Agreement. The term "Website" includes all services and features available on padresaldia.com, including online discussion forums, bulletin boards and chat rooms. Users of this Site ("you") are responsible for obtaining any equipment and Internet service necessary to access our Site and for paying any fees for the equipment and services you select. We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice. The Site may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

3. Indemnification. By using this Site, you agree to indemnify, hold harmless and defend us and our partners, attorneys, staff and affiliates (collectively "Affiliated Parties") from any claims, damages, losses or liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees resulting directly or indirectly from a claim by a third party that arises in connection with your use of this Site or your violation of this Agreement.

4. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED "AS IS," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; THAT THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR SEEKING THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATED PARTIES BE LIABLE TO ANY USER OF THIS SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LITIGATION, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING ANY NEGLIGENCE OF PADRES AL DÍA), OR OTHERWISE EVEN IF WE OR OUR AFFILIATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

ADDITIONALLY, WE SHALL NOT BE LIABLE TO ANY USER OF THIS SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RELATED TO THE ACTS OR OMISSIONS OF CONTRACTORS, SERVICE PROVIDERS OR ANY OTHER THIRD PARTIES IN CONNECTION WITH THIS SITE.

THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS SITE AND THE INFORMATION ON IT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE THAT YOU PAY US FOR ANY GOODS, SERVICES OR INFORMATION.

5. Exclusions. 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 may not apply to you.

6. Jurisdictional Issues. We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

7. Security. When you register to participate in an online discussion forum, chat room, bulletin board, promotion, or other service offered on this Site, you may be required to establish a login identifier and a password. You are responsible for protecting your login password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

8. Nontransferable. Your right to use this Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

9. Termination. We may terminate any user's access to our Site, including access to any online discussion forum, bulletin board or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate this Agreement, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Site.

10. Content. The term "Content" means all information, text, images, data, links, software or other material accessible through the Site, whether created by us or provided by another person for display on the Site. The Content may contain typographical errors, other inadvertent errors or inaccuracies.

11. Intellectual Property Rights. Unless otherwise noted, all Content contained on this Site is the property of Padres al Día and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Copyright, trademark, and other proprietary notices may not be removed. THE COPYING, REDISTRIBUTION, USE OR PUBLICATION BY YOU OF ANY SUCH MATTERS OR ANY PART OF THE SITE, EXCEPT AS ALLOWED BY SECTION 12, IS STRICTLY PROHIBITED. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

We do not claim ownership of Content submitted by users without compensation by us and with the expectation that such Content will be made publicly accessible through our Site. By submitting such Content to the Site, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.

12. Limited Right to Use. The viewing, printing or downloading of any Content from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be modified, reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by this Agreement; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Site.

13. Editing, Deleting and Modification. We reserve the right to make changes to document names and content, to descriptions and specifications of products and services and to other information without obligation to issue any notice of such changes.

14. Copyright Infringement; Notice and Take-Down Procedures. We respect the intellectual property rights of others, and we ask you to do the same. If you believe that any materials on this Site infringe your copyright, you may request that they be removed by providing our copyright agent with a written communication including the following:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of (an exclusive right that is allegedly infringed) the copyright interest;

b. A description of the copyrighted work that you claim has been infringed;

c. A description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and reasonably sufficient information describing the location of the material on the Site;

d. Your address, telephone number, and e-mail address;

e. A copy or location of an authorized version of the work (if possible);

f. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

g. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized agent to act on the copyright owner's behalf.

If, upon receipt of the aforementioned information, our agent determines that material on padresaldia.com or on a site for which padresaldia.com includes a link constitutes a copyright infringement, our agent will respond expeditiously to remove or disable access to that material. Our agent for copyright issues relating to this Site is: Webmaster, Padres al Día, P.O. Box 21, Boston, MA 02130; padresaldia@padrsaldia.com.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.

15. Content Submitted by Users.

a. Accuracy. You may use this Site without volunteering personally identifiable information, however, if you choose to provide information to register for or participate in a service, event, or promotion on this Site, you agree that you will provide accurate, complete, and up-to-date information as requested on the screens that collect information from you. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information.

b. Use. We reserve the right, and you authorize us, to use and assign all
information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

c. Liability. We are not responsible or liable for the conduct of users or for
views, opinions or statements expressed in Content submitted for public display through our Site, such as through an online discussion forum, bulletin board or chat room. We do not prescreen information posted to online discussion forums, bulletin boards or chat rooms. With respect to such forums, bulletin boards and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum, bulletin board or chat room are those of the respective author(s) or distributor(s) and not of the Site. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content you submit to this Site is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Site.

d. Monitoring. We have the right, but not the obligation, to monitor Content submitted to the Site through an online discussion forum, bulletin board or chat room, to determine compliance with this Agreement and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum, bulletin board or chat room provided through this Site. Without limiting the foregoing, we have the right to remove any material that we, in our sole discretion, find to be in violation of this Agreement or otherwise objectionable, and you are solely responsible for the Content that you post to this Site.

e. Lobbying. "Lobbying" includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by this Site, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.

16. Prohibited Conduct. By accessing this Site or any chat room, bulletin board, online discussion forum, or other service provided through this Site, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use this Site or any related chat room, bulletin board or online discussion forum to:

a. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by the Site.

b. Use a name or language that the Site, in its sole discretion, deems offensive.

c. Post defamatory statements.

d. Post hateful or racially or ethnically objectionable Content.

e. Post Content which infringes another's copyright, trademark or trade secret.

f. Post unsolicited advertising or unlawfully promote products or services.

g. Harass, threaten or intentionally embarrass or cause distress to another person or entity.

h. Impersonate another person.

i. Promote, solicit, or participate in any multi-level marketing or pyramid schemes.

j. Exploit children under 18 years of age.

k. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.

l. Introduce viruses, worms, Trojan horses and/or harmful code to the Site.

m. Obtain unauthorized access to any computer system through the Site.

n. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age).

o. Solicit personal information from children under 13 years of age.

p. Violate any federal, state, local, or international law or regulation.

q. Encourage conduct that would constitute a criminal or civil offense.

These are some, though not all, of the activities that may result in removal of Content which you post to the Site and/or the termination of your access to the Site.

17. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of
this Agreement.

18. Children. This Site is intended to serve a general audience and does not provide specific features or services targeted at children under age 13. We do not knowingly solicit personal information regarding children under age 13.

19. Links to Third-Party Websites. This Site may contain links to non-Padres al Día Websites that are provided to you as a convenience. Any outside Website accessed from our Site is independent from Padres al Día, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such non-Padres al Día Websites.

20. No Implied Endorsements. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by us of that third party or of any product or service provided by a third party. Likewise, a link to any non- Padres al Día Website does not imply that we endorse the use of such a Website. We do not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum, bulletin board or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

21. Third Party Merchant Services. We may allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability and non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our Site.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

22. Information and Press Releases. The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

23. Refund Policy. ALL SALES OF OUR MERCHANDISE ARE FINAL.

24. Enforcement. This Agreement shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law. Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language of this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party.

25. Disputes. All disputes and claims of any type arising out of or related to this Agreement, including but not limited to tort claims or claims for breach of contract, shall be submitted to and determined by final and binding arbitration in Suffolk County, Massachusetts, U.S.A.. Either party may initiate arbitration proceedings upon notice to the other party and to the AAA. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts and such proceedings shall be conducted under the Commercial Arbitration Rules of the AAA or other such rules adopted by the AAA. Each party to the arbitration shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator).
Judgment on the award of the arbitrators may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable.
This provision is a waiver of your right to have disputes of claims arising out of this agreement to be resolved in the courts, including the right to a public hearing, trial by jury, the right to conduct discovery, and the right to appeal any judgment, as well as any benefits that could flow from the above relinquished rights. If you have any questions or reservations about this arbitration provision, you should discuss it fully with an attorney before accepting the terms of this Agreement.

26. Severability. If any part of this Agreement is held to be unlawful, void, or unenforceable, that part shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

27. Entire Agreement. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

28. For Additional Information. If you have any questions about this Agreement, please contact padresaldia@padresaldia.com