Terms of Use

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Updated: May 10, 2022

Please read these terms of use carefully before using this website or any of our other communication channels.


These terms of use are entered into by and between You and Parenting by Design, Inc. (”Parenting by Design”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of all websites and communication channels owned or operated by Parenting by Design including any content, functionality, and services offered on or through www.ParentingByDesign.com (the “Site”), our Twist.com messaging service, email, social media services we manage, Zoom video conferencing service, voice mail or text messaging services (the "Communication Channels") whether as a guest or a registered user.

By using this Site, you signify your acceptance of these terms and conditions of use (“Terms of Use”), and the Privacy Policy.  If you do not agree to all of these Terms of Use, and the Privacy Statement, do not use this Site.

Parenting by Design may revise these Terms of Use at any time.  Your continued usage of this Site and Communication Channels will mean you accept those changes, and you will comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to, United States copyright and trademark laws as well as international treaties.


Geographic Restrictions

We make no claims that the Site or any of its content is accessible, downloadable or appropriate outside of the United States. Access to the Content may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States, you do so at your own risk and on your own initiative and are responsible for compliance with the laws of your jurisdiction. 

Use Restrictions

The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Understood’ licensors, and other materials (the “Content”) is protected by copyright under both United States and foreign laws.

 

Title to the Content remains with Parenting by Design.  Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.  Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Parenting by Design or its licensors.

Parenting by Design authorizes you to view and download the Content solely for your own lawful, personal, non-commercial use. You may not modify, edit, create derivative works from Text-Based, Graphic-Based or Video-Based Content or reprinted materials nor are you permitted to use such Content for commercial purposes without Parenting by Design's prior written consent.  Any such download or use of the Content shall include the following copyright notice:  “Copyright © 2022, Parenting by Design, Inc.  All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Content. 

 

Except as expressly authorized in this paragraph, non-text based Content may not be reproduced without the prior written consent of Understood and/or its licensors, as applicable, regardless of the intended use.  Non-text based Content may not be modified in any way

Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.  The use of the Content on any other site for any purpose is prohibited.  All rights not expressly granted herein are reserved to Parenting by Design and its licensors.  If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

You may not, without Parenting by Design's written permission, “mirror” or publish any Content contained in this Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site.  You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. Parenting by Design reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

User Submissions 

The personal information you submit to Parenting by Design is governed by the Parenting by Design Privacy Policy.  

Except as provided under a specific submission practice described on the Site or in other Parenting by Design materials made available to you, Parenting by Design does not claim ownership of any information or material a user provides to Understood or posts, uploads, input, submits, or transmits to this Site, such as a proposal, submitting content for an Understood publication, or submitting a photograph (“Submission”).  All Submissions are subject to Parenting by Design's Community Guidelines or other specific guidelines or practices identified by Parenting by Design. 

You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. 

 

Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Parenting by Design, exposes Parenting by Design or any of its licensors, partners, or customers to any liability or detriment of any type; or (h) post any political statements aimed at influencing legislation or supporting or opposing candidates for public office, engage in lobbying activities or act in a manner that otherwise violates the law.  All Submissions reflect the views of such individual that provided such Submission and do not necessarily reflect the views of Parenting by Design.

Except as provided under a specific submission practice described on the Site, Communication Channels or in other Parenting by Design materials made available to you, by making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Parenting by Design.  If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Parenting by Design a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed.  Notwithstanding the foregoing, Parenting by Design is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions.  Parenting by Design is not responsible for the consequences of any Submission.  Understood is not responsible for screening or monitoring Submissions made to this Site or Communication Channels by users.  If notified by a user of a Submission allegedly in violation of these Terms of Use, Parenting by Design may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission.  Parenting by Design will have no liability or responsibility to users for performance or nonperformance of such activities.

Understood reserves the right (but is not obligated) to: (a) record the dialogue on the Site; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Site or Communication Channels upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Site or Communication Channels, regardless of whether such Submission violates these Terms of Use.

Promotions

Any and all offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

Storage of Content

You agree that Understood may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content stored or transmitted through the Site or Communication Channels.  You agree that Parenting by Design has no responsibility or liability for the deletion of or failure to store any messages, communications, or other Content stored or transmitted through the Site or Communication Channels.
 

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, Communication Channels or by anyone who may be informed of any of its contents.
 

The Site and Communication Channels may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Parenting by Design, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Parenting by Design. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

THE INFORMATION, MATERIALS AND CONTENT ON THE SITE ARE PROVIDED SOLELY FOR INFORMATIONAL, EDUCATIONAL, AND RESEARCH PURPOSES.  YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS THAT MAY APPEAR THROUGHOUT THE SITE.  PARENTING BY DESIGN AND ITS LICENSORS AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT.  

Liability of Understood and Its Licensors and Partners

The use of the Site, Communication Channels or the Content is at your own risk.  The Content in this Site and/or Communication Channels could include technical inaccuracies or typographical errors.  Understood may make changes or improvements at any time.

THE CONTENT IN THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PARENTING BY DESIGN DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

 

PARENTING BY DESIGN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


PARENTING BY DESIGN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU (AND NOT PARENTING BY DESIGN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

UNDERSTOOD ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY PARENTING BY DESIGN, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY STATEMENT.

Your Account(s)

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it and/or Communication Channels using your user name, password, or other security information.

 

You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Parenting by Design reserves the right to refuse service, terminate accounts, remove or edit content, or refuse purchases or cancel orders in its sole discretion.

Contact with Third Parties and Third Party Sites

Your interactions with a third party on the Site, or based on such third party’s participation or presence on the Site, are solely between you and the third party.  You agree that Parenting by Design shall 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, or as a result of the presence of such third party on the Site and/or Communication Channels.
 

The Site may include links to third party websites or resources over which Parenting by Design has no control.  These links are provided solely as a convenience to users and should not be construed as an endorsement by Understood of content on those third party websites or resources.  Your access and use of such websites or resources is solely at your own risk.  Understood makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website.

Linking to the Site and Social Media Features

You may link to our websites and social media channels, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site.

  • Send emails or other communications with certain content, or links to certain content, on this Site.

  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, or in-line linking.

  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Trademarks

The Parenting by Design name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks and intellectual property of Parenting by Design or its affiliates or licensors. You must not use such marks without the prior written permission of the Parenting by Design. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Indemnity

You agree to defend, indemnify, and hold Parenting by Design, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, loss of business or revenue, resulting from, or alleged to result from, your use of the Site or Content, or your violation of these Terms of Use.

Modification or Suspension of the Site

You agree that Parenting by Design may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Site, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

Applicable Laws

These Terms of Use are governed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.  You and Understood hereby expressly consent and submit to the exclusive jurisdiction of a local or federal court of competent jurisdiction in the State of Delaware a for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use. 

 

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of Parenting by Design and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Applicable Laws, and Complete Agreement.

Notice and Take Down Procedures

If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Parenting by Design (address identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

  • Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.

  • Your name, address, telephone number, and email address. 

  • A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.

  • A signature or the electronic equivalent from the copyright holder or authorized representative.

 

Our address for copyright issues relating to this website is as follows:

Parenting by Design, Inc.
400 Prospect St., Unit 108
San Diego, CA 92037
 

In an effort to protect the rights of copyright owners, Understood may terminate (or demand removal or avoidance of access to), in appropriate circumstances, users of this Site and Communication Channels who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Understood on this Site, these Terms of Use, including Parenting by Design's Privacy Policy, constitute the entire agreement between you and Parenting by Design with respect to the use of the Site and Communication Channels.