THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THE BERKELEY PARENTS NETWORK (“BPN”) WEBSITE. BY VIEWING BPN’S SITE OR ANY OTHER CONTENT THAT BPN CREATES OR PUBLISHES, YOU AGREE TO THESE TERMS, LAST UPDATED ON MARCH 11, 2015.
Changes to this Agreement
BPN may change this Agreement from time to time in its sole discretion by changing this text on this site. Your continued use of the website after we have posted a new version constitutes your acceptance of the changes. Therefore, whenever you access the site, you should check for updates to this Agreement.
If you have any questions or concerns with respect to this Agreement or BPN’s electronic publications, you may contact us.
BPN’s Intended Audience
BPN’s website is operated by Berkeley Parents Network from its office in Berkeley, California. Our site is directed to adults in the United States and is not intended for children under the age of thirteen.
Use and Disclaimer Regarding Content
A wide variety of information, advice, recommendations, messages, comments, posts, text and other materials ("Content") is available on BPN’s website. The Content is generally provided by subscribers to BPN (“Subscribers”). BPN cannot guarantee, and is not responsible for, the accuracy, reasonableness, completeness, truthfulness or usefulness of any Content on the BPN website. All Content reflects the views of the Subscribers who provide it, not BPN. BPN does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on its website.
BPN has no obligation to pre-screen, edit or remove any of the Content posted on the website, but it may, in its sole discretion, and for any reason, edit, refuse to accept, remove or move any such Content.
All Content is provided with the understanding that neither BPN nor its Subscribers are engaged in rendering medical, counseling, legal or other professional services. Content is intended solely for the purpose of general education, information and/or entertainment. It should not be used for medical diagnosis or treatment for any individual problem. Content is not a substitute for advice from qualified healthcare or legal services providers based on individual facts.
Subscribers are responsible for all Content that they post or submit to BPN. By doing so, Subscribers represent that such Content is not confidential and that they have the necessary permission or consent from any other person to post it.
BPN does not claim to own any Content posted by Subscribers, who continue to retain ownership of such Content. However, by posting Content, Subscribers grant to BPN a worldwide, non-exclusive, perpetual, sub-licensable royalty-free license to such Content, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such Content (in whole or part) worldwide via BPN’s website, and/or to incorporate it in other works in any form, media, or technology now known or later developed
Use of Website
You agree that you will comply with applicable laws, this Agreement, and our policies set forth here https://berkeleyparentsnetwork.org/faq. You agree we may moderate your access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or subscriber termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
Ownership and Intellectual Property Rights
This Web Site is owned by BPN. The Web Site's look and feel, the designs, trademarks, service marks, and trade names displayed on it, and the website URLs, are the property of BPN, and protected by copyrights, trademarks, patents, or other proprietary rights and laws.
Your Contact With Third Parties and Other Web Sites
Your dealings with third parties found on or accessible through the BPN website (such as a daycare you use or a nanny you hire) are solely between you and the third party. Links to third parties are provided solely as a convenience and should not be construed as an endorsement by BPN of content, items, or services on those third-party websites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. You agree that BPN will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party as result of their presence on the BPN website.
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to BPN’s website, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk; this site is provided "AS IS" and "AS AVAILABLE"; (3) BPN is not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) BPN and its officers, directors and employees ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
You agree that any claim, cause of action or dispute ("Claim") arising out of or related to your use of BPN’s website is governed by California law regardless of your location or any conflict or choice of law principle, and that all Claims must be resolved exclusively by state or federal court in San Francisco, CA (except we may seek injunctive remedy anywhere). You agree to submit to personal jurisdiction of said courts. You further agree that any Claim must be filed by 1 year after it arose or be forever barred.
You agree to indemnify and hold harmless BPN, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit to BPN.