Terms and Conditions
The terms “we,” “us,” and “our” refer to Happy Campers. The term the “Site” refers to www.Sunshine-Parenting.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site www.Sunshine-Parenting.com provides a blog, digital products for purchase, group and individual coaching and other advice and services (collectively known as the “Service”).
Use of www.Sunshine-Parenting.com, including all materials presented herein and all online services provided by Sunshine Parenting, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
1. ACCEPTANCE OF TERMS
2. USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to career and work planning and other information are subject to change. Sunshine Parenting makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Sunshine Parenting disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
3. USE OF MATERIAL
The SUNSHINE PARENTING website, including but not limited to all content, information, media and materials, website code, design, text, images, photographs, illustrations, audio and video material, media files, art, graphics, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any associated documentation and all copyrightable or otherwise legally protectable elements of the SUNSHINE PARENTING website, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in any part of the world, are the property of SUNSHINE PARENTING and/or its Affiliates, and their Advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as ‘SUNSHINE PARENTING Materials’). The SUNSHINE PARENTING Materials are legally protected, without limitation, under U.S. Federal and State laws, as well as applicable foreign laws, regulations and treaties.
SUNSHINE PARENTING grants permission to temporarily access the SUNSHINE PARENTING Materials on SUNSHINE PARENTING website for personal, non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial), reproduce, modify, create derivative works from, broadcast, display, disseminate, distribute, perform, publish, sell, transmit, upload, or circulate to any third party or otherwise use any SUNSHINE PARENTING Materials without the express prior written permission from that SUNSHINE PARENTING website;
- alter, delete, modify or remove any copyright or other proprietary notations from the SUNSHINE PARENTING Materials, including any notices on any SUNSHINE PARENTING Materials you download, transmit, display, print or reproduce from the SUNSHINE PARENTING website
This license shall automatically terminate if you violate any of these restrictions and may be terminated by SUNSHINE PARENTING website at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access the SUNSHINE PARENTING website. Any unauthorized or prohibited use of any SUNSHINE PARENTING Materials, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.
The various service marks, trademarks, program names, workshop names, event names, podcast names, slogans, logos and other distinctive identifications (“marks”) on or of the SUNSHINE PARENTING website are the intellectual property of and proprietary to SUNSHINE PARENTING, its Affiliates, or their Advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of SUNSHINE PARENTING.
All materials (whether text, audio, video or otherwise) which you may purchase through the SUNSHINE PARENTING Website are subject to the standard Purchase Agreement.
The materials on SUNSHINE PARENTING website are provided “as is”. SUNSHINE PARENTING makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SUNSHINE PARENTING website does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
THE SUNSHINE PARENTING WEBSITE(S) AND ALL SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SUNSHINE PARENTING MAKES AND PROVIDES NO GUARANTY OR ASSURANCE THE SUNSHINE PARENTING WEBSITE OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, PRODUCTS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES.
Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the SUNSHINE PARENTING website. You acknowledge and agree that you are assuming the entire risk of using the SUNSHINE PARENTING website and the services, features and functions of and/or associated with the SUNSHINE PARENTING website.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, SUNSHINE PARENTING IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SUNSHINE PARENTING HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SUNSHINE PARENTING’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM SUNSHINE PARENTING, AND IF NO PURCHASE HAS BEEN MADE BY YOU SUNSHINE PARENTING CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THE WEBSITE IS MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF THE WEBSITE THAT IS NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. SUNSHINE PARENTING DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY.
In no event shall SUNSHINE PARENTING or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on SUNSHINE PARENTING website’s Internet site, even if SUNSHINE PARENTING website or a SUNSHINE PARENTING website authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. REVISIONS AND ERRATA
The materials appearing on SUNSHINE PARENTING website could include technical, typographical, or photographic errors. SUNSHINE PARENTING website does not warrant that any of the materials on its website are accurate, complete, or current. SUNSHINE PARENTING website may make changes to the materials contained on its website at any time without notice. SUNSHINE PARENTING website does not, however, make any commitment to update the materials.
7. LINKS, AFFILIATES AND ADVERTISERS
The SUNSHINE PARENTING website may contain links or other forms of advertisements from our sponsors and affiliates. As a result of this, you may choose to communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, affiliates, sponsors or promotional partners (“Advertisers”). All such interaction is strictly and solely between you and the Advertiser involved and SUNSHINE PARENTING is not responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may obtain from any Advertiser).
8. SITE MODIFICATIONS
SUNSHINE PARENTING retains the right to change the terms of this Agreement at any time in its sole discretion. We will post updated notices on the SUNSHINE PARENTING website. Once posted, such changes become effective immediately, and if you use the SUNSHINE PARENTING website after they become effective, you thereby agree to be bound by the changes. You should check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you. SUNSHINE PARENTING retains the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the SUNSHINE PARENTING website at any time, without any liability or obligation to you, with or without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
9. LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
10. GOVERNING LAW
Any claim relating to SUNSHINE PARENTING website shall be governed by the laws of the State of California, County of Fresno without regard to its conflict of law provisions. You agree that the SUNSHINE PARENTING website shall be deemed solely based in California State and that the SUNSHINE PARENTING website shall be deemed a passive website that does not give rise to personal jurisdiction over SUNSHINE PARENTING, either specific or general, in jurisdictions other than California. This Agreement and your use of the SUNSHINE PARENTING website shall be governed by, construed and enforced in accordance with the substantive laws of the United States of America and the State of California applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of California and County of Fresno and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenes or otherwise; provided, however, that notwithstanding the foregoing, you agree that SUNSHINE PARENTING has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
11. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
13. ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Sunshine Parenting will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
14. REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
15. ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
16. MATERIALS YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
17. INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Sunshine Parenting. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Sunshine Parenting remains yours to the extent that you have any legal claims therein. You agree to hold Sunshine Parenting harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
18. OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Sunshine Parenting, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
19. VIOLATIONS OF TERMS AND COPYRIGHT INFRINGEMENT CLAIMS
If you believe that any SUNSHINE PARENTING website contains elements that infringe your copyrights in your work, please follow these instructions. Please note: we cannot guarantee that we will respond to your message, and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
Do not send any inquiries unrelated to copyright infringement (e.g., requests for technical assistance or customer service, reports of email abuse, etc.) to the contact listed below. You will not receive a response if sent to that contact.
Caution: under federal law, if you knowingly misrepresent that online content is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorney’s fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury.
Notice and Procedure for Making Claims of Copyright Infringement
- Written notification must be submitted to the following Designated Agent: Sunshine Parenting
- Name of Agent Designated to Receive Notification of Claimed Infringement: Audrey Monke
- Full Address of Designated Agent to Which Notification Should be Sent: Webmaster 1040 Pollasky Ave., Clovis, CA 93612
- Email Address of Designated Agent: firstname.lastname@example.org
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(5) Your name, address, telephone number, and e-mail address;
(6) 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
(7) 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 to act on the copyright owner’s behalf.
You agree to indemnify, defend (at our election) and hold harmless SUNSHINE PARENTING, its Affiliates and their respective officers, directors, employees, agents, licensors, representatives, Advertisers, service providers and suppliers from and against any and all claims, actions, losses, expenses, damages and costs (including, without limitation, reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or resulting from your Postings or any SUNSHINE PARENTING Materials you provide, submit or make available on or through the SUNSHINE PARENTING website or your unauthorized use of any SUNSHINE PARENTING Materials. SUNSHINE PARENTING reserves the right to assume, at its expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with SUNSHINE PARENTING in the defense of any such claim, action, settlement or compromise negotiations, as requested by SUNSHINE PARENTING.
21. EFFECT OF HEADINGS
The subject headings of the paragraphs and sub-paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
22. ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Sunshine Parenting pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Sunshine Parenting shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Sunshine Parenting.
23. OTHER TERMS
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the SUNSHINE PARENTING website, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SUNSHINE PARENTING WEBSITE(s) OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.