Terms of Use

Introduction

Welcome to our Service. These Terms of Use ("Terms") govern your use of our website, mobile application, and services (collectively, the "Service") provided by Parent’s Powerhouse ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms, which establish a contractual relationship between you and us. If you do not agree to these Terms, you may not access or use the Service.

Please read these Terms carefully before accessing or using our Service. These Terms include information about future changes to the Terms, limitations of liability, a dispute resolution clause, and cancellation and termination of the Service. By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and any future modifications.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy, which describes our policies and procedures on the collection, use, and disclosure of your personal information. Please read our Privacy Policy carefully before using our Service.

Acceptance of Terms

By accessing or using the Service, you, the User, agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and Parent’s Powerhouse the provider of the Service, governing your access to and use of the Service. If you do not agree to these Terms, you must not access or use the Service. 

These Terms may be amended or updated by Parent’s Powerhouse  from time to time without notice. It is your responsibility to review these Terms periodically for updates. By continuing to access or use the Service after such amendments or updates are made, you agree to be bound by the revised Terms.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of Parent’s Powerhouse. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.

Changes to Terms

The Parent’s Powerhouse  reserves the right, at its sole discretion, to modify or replace any part of these Terms at any time. It is the User's responsibility to check these Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes. Changes to the Terms will be effective immediately upon posting, unless otherwise specified by the Parent’s Powerhouse  at the time of posting. In the event of any material changes, the Parent’s Powerhouse  will make reasonable efforts to notify the User through the Service or via email if the User has provided an email address to the Parent’s Powerhouse.

Access and Use of the Service

This clause outlines the conditions under which the User may access and use the Service provided by Parent’s Powerhouse , as defined in these Terms. By accessing or using the Service, the User agrees to be bound by these Terms and acknowledges that any use of the Service is subject to these conditions.

• The User may only use the Service for lawful purposes and in accordance with these Terms.
• The User is granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Service strictly in accordance with these Terms.
• The User agrees not to use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.
• The User agrees not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
• Parent’s Powerhouse  reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Any unauthorized use of the Service may result in termination of the User's access to the Service and may subject the User to civil and criminal penalties.

User Accounts and Security

In order to access certain features of the Service, the User may be required to create an account. By creating an account, the User agrees to provide accurate, current, and complete information as may be prompted by any registration forms on the Service. The User is responsible for maintaining the confidentiality of their account information, including the password, and for all activities that occur under their account. The User agrees to immediately notify Parent’s Powerhouse  of any unauthorized use of their account or any other breach of security. Parent’s Powerhouse  will not be liable for any loss or damage arising from the User's failure to comply with this section.

It is the User's responsibility to ensure that their account information remains accurate, current, and complete. The User may update their account information through the appropriate section of the Service. If the User believes their account has been accessed or used in an unauthorized manner, they should immediately change their account password and notify Parent’s Powerhouse.

Parent’s Powerhouse  reserves the right to suspend or terminate a User's account and refuse any current or future use of the Service (or any portion thereof) if any information provided by the User is untrue, inaccurate, not current, or incomplete, or if Parent’s Powerhouse  has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete.

Intellectual Property Rights

All intellectual property rights in and to the Service, including but not limited to copyright, trademarks, patents, trade secrets, and any other proprietary rights, shall remain the sole property of Parent’s Powerhouse  or its licensors. The User acknowledges that the Service and any associated materials are protected by copyright and other laws, both domestically and internationally.

The User agrees not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

• The User may temporarily download a copy of the materials (information or software) on the Service for personal, non-commercial transitory viewing only.
• The User may print or download one copy of a reasonable number of pages of the Service for personal, non-commercial use and not for further reproduction, publication, or distribution.
• If Parent’s Powerhouse  provides desktop, mobile, or other applications for download, the User may download a single copy to their computer or mobile device, solely for their own personal, non-commercial use, provided they agree to be bound by our end user license agreement for such applications.

Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. The User shall not use any trademarks, service marks, logos, or trade names of Parent’s Powerhouse  or its affiliates or licensors without prior written permission.

Unauthorized use of the Service may result in termination of the User's account and legal action by Parent’s Powerhouse  for infringement of intellectual property rights.

User Content

By posting, uploading, sharing, submitting, or otherwise providing any content or material ("User Content") to the Service, you grant Parent’s Powerhouse  a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the operation of the Service, in any media formats and through any media channels. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and share User Content you submit.

You agree not to post, upload, share, submit, or otherwise provide any User Content that:

• is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• violates any applicable laws or regulations;
• infringes on any intellectual property rights of any party;
• contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity.

Parent’s Powerhouse  reserves the right, but is not obligated, to review, screen, delete, or edit User Content at its sole discretion, without notice, for any reason or no reason at all. You acknowledge that, by providing you with the ability to view and distribute User Content on the Service, Parent’s Powerhouse  is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content or activities of users on the Service.

You agree to indemnify and hold harmless Parent’s Powerhouse  and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney fees and costs, arising out of or in any way connected with your access to or use of the Service, your User Content, or your violation of these Terms.

Prohibited Conduct

In using the Service, Users agree not to engage in any conduct that is prohibited by these Terms or by applicable law. Specifically, Users shall not:

1. Access or use the Service in any manner that could damage, disable, overburden, or impair any of the Service's servers or the network(s) connected to any server, or interfere with any other party's use and enjoyment of the Service.
2. Attempt to gain unauthorized access to any part of the Service, other accounts, computer systems, or networks connected to any Service server, through hacking, password mining, or any other means.
3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
4. Use the Service to post, upload, email, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
5. Impersonate any person or entity, including, but not limited to, a Parent’s Powerhouse  official, or falsely state or otherwise misrepresent your affiliation with a person or entity.
6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service.
7. Use the Service to harm minors in any way.
8. Use the Service to post, upload, email, transmit, or otherwise make available any content that infringes any intellectual property rights or other proprietary rights of any party.
9. Use the Service to collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above items.

This list of prohibited conduct is not exhaustive. Parent’s Powerhouse  reserves the right to terminate or suspend access to the Service for any User who engages in any conduct that is deemed by Parent’s Powerhouse  to be inappropriate or not in compliance with these Terms, at Parent’s Powerhouse 's sole discretion.

Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by Parent’s Powerhouse. Parent’s Powerhouse  has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Parent’s Powerhouse  shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Disclaimer of Warranties

THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY Parent’s Powerhouse  ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Parent’s Powerhouse  MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Parent’s Powerhouse  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Parent’s Powerhouse  DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, Parent’s Powerhouse 'S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM Parent’s Powerhouse  ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Parent’s Powerhouse  OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Parent’s Powerhouse , ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Parent’s Powerhouse  HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Parent’s Powerhouse 's total liability to you for all claims in the aggregate, for all potential causes of action, will be limited to the amount you have paid Parent’s Powerhouse  to use the Service during the twelve (12) months prior to the cause of action arising. Parent’s Powerhouse  does not disclaim liability for any damages arising from its gross negligence, fraud, or willful misconduct.

Indemnification

The User agrees to indemnify, defend, and hold harmless Parent’s Powerhouse  and its affiliates, officers, agents, employees, partners, and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User's use of the Service, the User's violation of these Terms, the User's breach of any of the representations and warranties herein, or the User's unauthorized use of the intellectual property rights of Parent’s Powerhouse  or any other party.

Furthermore, the User agrees to indemnify Parent’s Powerhouse  against any losses, damages, liabilities, claims, costs, penalties, and expenses (including reasonable attorneys' fees) arising from or related to the User Content that the User posts, uploads, shares, submits, or otherwise provides to the Service. This indemnification obligation will survive the termination of the User's account and the use of the Service.

Termination and Suspension

Parent’s Powerhouse  reserves the right to terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.

Additionally, Parent’s Powerhouse  may suspend your access to the Service or any part thereof for any reason, including, but not limited to, the need to conduct maintenance or if Parent’s Powerhouse  suspects unauthorized use of the Service. During suspension, your right to access or use the Service or any part thereof will be temporarily revoked. Parent’s Powerhouse  will make reasonable efforts to notify you of any suspension or termination of your account or access to the Service, using the contact information provided in your account or through public announcements on the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. The parties agree that any legal action or proceeding between Parent’s Powerhouse  and User arising out of or related to these Terms or the use of the Service shall be brought exclusively in the federal or state courts located in California. By using the Service, User consents to the jurisdiction and venue of such courts and waives any objection as to inconvenient forum.

Dispute Resolution

This Dispute Resolution clause applies to any disputes arising out of or related to the Terms or the use of the Service. Both the User and Parent’s Powerhouse  agree to first attempt to resolve any dispute informally by contacting each other via the contact information provided on the Service. If the dispute cannot be resolved informally within sixty (60) days of notification, then either party may initiate arbitration proceedings.

Arbitration shall be conducted under the rules of the American Arbitration Association (AAA) in the state of California, United States. The arbitration shall be conducted by a single arbitrator mutually agreed upon by both parties. If the parties cannot agree on an arbitrator, one will be appointed by the AAA. The decision of the arbitrator shall be final and binding on both parties, and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by law, both parties agree that any arbitration under these Terms will be conducted on an individual basis. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. The User and Parent’s Powerhouse  agree that each may bring claims against the other only in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Notwithstanding the above, Parent’s Powerhouse  reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction in California to protect its intellectual property rights or to prevent unauthorized use of the Service.

Miscellaneous

This Miscellaneous clause shall govern various aspects not specifically covered in other sections of these Terms. The provisions include, but are not limited to, the following:

1. Entire Agreement: These Terms, including any legal notices and disclaimers contained on the Service, constitute the entire agreement between Parent’s Powerhouse  and the User in relation to the use of the Service, and supersede all previous agreements and understandings.
2. Governing Law: These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of law provisions.
3. Dispute Resolution: Any disputes related to these Terms or the Service will be resolved through final and binding arbitration, under the rules of the American Arbitration Association, rather than in court. The arbitration shall take place in California, United States.
4. Severability: If any provision of these Terms is determined to be invalid or unenforceable under any applicable law, such invalidity or unenforceability will not render these Terms invalid or unenforceable as a whole, and such provisions will be deleted without affecting the remaining provisions herein.
5. Amendment: Parent’s Powerhouse  reserves the right to amend these Terms at any time. If an amendment is material, Parent’s Powerhouse  will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Parent’s Powerhouse 's sole discretion.
6. Waiver: The failure of Parent’s Powerhouse  to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
7. Assignment: The User may not assign, transfer, or delegate their rights and/or obligations under these Terms without the express written consent of Parent’s Powerhouse. However, Parent’s Powerhouse  may assign, transfer, or delegate its rights and/or obligations under these Terms without any notification or consent required.
8. Electronic Communication: By using the Service, the User consents to receiving electronic communications from Parent’s Powerhouse  regarding the Service. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Service. All communications in electronic format will be considered to be in "writing," and to have been received no later than five business days after posting or dissemination, whether or not the User has received or retrieved the communication.