parentUpp Terms of Service (202008.02.0)
Date of Last Revision: August 20, 2020
Thank you for downloading Michael Angelo Maske / Datapacific Corporation / Datamobility Corporation / parentUpp (“parentUpp,” “we,” “us,” “our”) mobile app.
By using the mobile application parentUpp or www.parentupp.com (the “Site”) or any of our services (described below) (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), you agree to abide by and be bound by these Terms of Service (the ”TOS“). Any updates, new services or any modifications of an existing service will be governed by the TOS, which may be modified or updated from time to time in our sole discretion. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. The continued use of the Site or Services following the date any such changes become effective constitutes your acceptance of the new TOS. We strongly encourage you to regularly review this TOS. If you do not agree to abide by these or any future TOS, do not use or access (or continue to use or access) the Service.
PLEASE REVIEW THE TERMS AND CONDITIONS BELOW CAREFULLY BEFORE USING THE SERVICES.
Description of service
parentUpp provides a socio-academe mobile application that makes it easy and quickly for parents to interact with Campus++-enabled schools where their children or any children under their school-approved guardianship are enrolled, planning to enroll, or have graduated from.
parentUpp reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that parentUpp will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ”Mobile Services“). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to us.
If you are under 13 years of age, you are not authorized to use the Service, with or without registering. If you are between the age of 13 and 18, you must obtain permission from your parent or guardian to use parentUpp, and you must have a parent assist in the completion of registration. In addition, if you are between the age of 13 and 18, you represent that you possess legal parental or guardian consent to use the Service.
You are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. Your password is confidential and you will not communicate it to any third-party individual or website. You will notify parentUpp immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You will be liable for all actions taken with your password as well as for any loss or liability as a result of such use. parentUpp will not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by parentUpp, or any transactions entered into through the Service or failure to abide by this TOS.
USE AND CONDUCT
General Practices Regarding Use and Storage
You acknowledge that parentUpp may establish general practices and limits concerning use of the Service, including without limitation the maximum storage space that will be allotted on parentUpp's servers on your behalf. You acknowledge that parentUpp reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that parentUpp reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You acknowledge that creating, submitting or sharing your User Content may give rise to various types of legal liabilities and you represent that your User Content (whether or not you are the author of such content) complies at all times (both when first submitted and throughout its accessibility on the Service) with the TOS and all applicable laws. You understand that parentUpp does not pre-screen User Content and is not liable for the content (including User Content) transmitted by users.
You agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Service, except as provided under these TOS, and you agree to take all reasonable steps to prevent the unauthorized use of the Service.
Conduct of Users
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you stream, upload, post, publish or display (hereinafter, ”transmit“) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by parentUpp. parentUpp reserves the right to investigate and take appropriate legal action against anyone who, in parentUpp’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. As a condition for accessing and using the Service, you agree not to use the Service to:
Transmit any content that (a) is unlawful, obscene, harmful, abusive, harassing, threatening, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, or hateful or that contains objects or symbols of hate, invades the privacy of any third party, or is otherwise objectionable, or which may expose parentUpp or its users to any harm or liability of any type; (b) poses or creates a privacy or security risk to any person; (c) constitutes any unsolicited or unauthorized advertising, promotional materials, ”junk mail,“ ”spam,“ ”chain letters,“ ”pyramid schemes,“ ”contents“, ”sweepstakes“ or any other form of solicitation; or (d) 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;
Harass any other user of the Service or to impersonate another person or entity by any means including by using her/his email address and password, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Violate any applicable local, state, national or international law, or any regulations having the force of law;
Transmit or make available any content that you do not have the lawful right to transmit (including any content that would violate any confidentiality or fiduciary obligations you might have), that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights), or that would violate the right of privacy or publicity of any public or non-public persons;
Engage in any conduct or transmit any content that would interrupt, destroy, limit or more generally harm the Site and/or the Service or enable you to gain unauthorized access to the Site, including by using viruses, malicious computer code, programs or files;
Reproduce, copy, sell, or commercially use (including the right to access) in whole or in part, the Service;
Solicit personal information from anyone under the age of 18;
Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
In case of any violation of the above, parentUpp reserves the right to cancel or rename your account and/or to block you from accessing the Service as well as to disclose any information as necessary to satisfy any law, regulation or governmental request, at its sole discretion. parentUpp also reserves the right to block the distribution of User Content through the Service.
You acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against parentUpp relating thereto.
APPLE-ENABLED SOFTWARE APPLICATIONS
parentUpp offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply:
parentUpp and you acknowledge that this TOS is concluded between parentUpp and you only, and not with Apple, and that as between parentUpp and Apple, parentUpp, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be parentUpp’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
parentUpp and you acknowledge that parentUpp, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between parentUpp and Apple, parentUpp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to parentUpp as follows:
parentUpp, c/o Datamobility Corporation, 11th Floor, Galleria Corporate Center, EDSA corner Ortigas Avenue, Quezon City, Philippines 1101
parentUpp and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Service Content, Software and Trademarks
You acknowledge and agree that, unless otherwise stated, all materials content or features (“Service Content”) that the Service may contain, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the application, as well as their selection and arrangement are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and any unauthorized use of this content violates such laws and this TOS. Except as expressly provided herein, the parentUpp team does not grant any express or implied rights to use this content. By agreeing to these terms you agree that you will not copy, reproduce, republish, frame, scrape, download, transmit, modify, display, reverse sell, or participate in any sale of, rent, lease, loan, sell, assign, distribute, license, sublicense, or create derivative works, in whole or in part, based on any of the Service content, the Service or any related software, except as expressly provided herein.
The technology and software underlying the Service or distributed in connection therewith are the property of parentUpp, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by parentUpp.
The parentUpp name and logos are trademarks and service marks of parentUpp (collectively the “parentUpp Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to parentUpp. Nothing in this TOS or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of parentUpp Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of parentUpp Trademarks will inure to our exclusive benefit.
Third Party Material
Under no circumstances will parentUpp be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that parentUpp does not pre-screen content, but that parentUpp and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, parentUpp and its designees will have the right to remove any content that violates this TOS or is deemed by parentUpp, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant parentUpp and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to parentUpp are non-confidential and parentUpp will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that parentUpp may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of parentUpp, its users and the public. You understand that the technical processing and transmission of the Service, including your User Content (as defined below), may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
parentUpp respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify parentUpp of your infringement claim in accordance with the procedure set forth below.
parentUpp will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to parentUpp’s Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
parentUpp, c/o Datamobility Corporation, 11th Floor, Galleria Corporate Center, EDSA corner Ortigas Avenue, Quezon City, Philippines 1101
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Pasig City, Philippines and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, parentUpp will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, parentUpp has adopted a policy of terminating, in appropriate circumstances and at parentUpp's sole discretion, users who are deemed to be repeat infringers. parentUpp may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
SOCIAL NETWORKING SERVICES
In addition, parentUpp is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, parentUpp is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. parentUpp enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Special Notice for International Use; Export Controls
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and/or provide parentUpp information regarding your credit card or other payment instrument. You represent and warrant to parentUpp that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
For any payment plan that you may select, you agree to pay parentUpp the amount that is specified in the payment plan in accordance with the terms of such plan and this Agreement. You hereby authorize Company to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you. We reserve the right to change parentUpp's prices. If parentUpp does, parentUpp will provide notice of the change on the parentUpp website or in email to you, at parentUpp's option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
You agree to release, indemnify and hold parentUpp, Michael Angelo Maske, Datapacific Corporation and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs), rights and actions of any kind and injury arising out of or in connection with your use of the Service (including your User Content), your violation of the rights of another or breach of this TOS. If you are a California resident, you waive California Civil Code Section 1542, which says: ”A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.“ If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
TERMINATION OF ACCOUNT
You may terminate your account at any time. In the case of any suspected violation of the TOS, we reserve the right to limit your access to the Service or terminate your account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that parentUpp may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. You understand and accept that we will not be liable to you or any third party for the cancellation of your account.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
You understand that you are accessing and using the Service at your own risk. parentUpp, Michael Angelo Maske or Datapacific Corporation may not be held liable for your reliance on any information or data you may have accessed, directly or indirectly, through the Service, nor for your accessing or downloading of any content, material, program, or file through the Service. parentUpp may not be held liable for any loss of data or for any damage to your computer system or any other device used to access the Service.
Although we use our best efforts and all available means to ensure the confidentiality of your personal data, we may not be held liable in the case of a breach of said confidentiality, regardless of its cause (including, but not limited to, technical difficulty, intrusion into our data processing system, or human mistake).
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PARENTUPP, MICHAEL ANGELO MASKE OR DATAPACIFIC CORPORATION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PARENTUPP, MICHAEL ANGELO MASKE OR DATAPACIFIC CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PARENTUPP'S, MICHAEL ANGELO MASKE'S OR DATAPACIFIC CORPORATION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PARENTUPP IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS TOS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and parentUpp will have no liability or responsibility with respect thereto. parentUpp reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
parentUpp reserves the right to change this TOS or parentUpp’s policies relating to the Service at any time and will notify you by posting an updated version of this TOS on the Service and/or by sending you an email message. You are responsible for regularly reviewing this TOS. Continued use of the Service after any such changes will constitute your consent to such changes.
There will be occasions when the Service will be interrupted whether for maintenance, upgrades and emergency repairs or otherwise and you agree that parentUpp will not be liable to you or any third party for any modification, suspension or discontinuance of the Service. parentUpp is not responsible for any disruption inherent in the operation of the Internet, including viruses or otherwise.
At parentUpp’s or your election, all disputes, claims, or controversies arising out of or relating to the TOS or the Service that are not resolved by mutual agreement may be resolved by binding arbitration. Unless otherwise agreed by the parties, arbitration will be held in Pasig City, Philippines before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by a competent court in Pasig City, and will be conducted in accordance with the rules and regulations promulgated by that court unless specifically modified in the TOS. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the TOS and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the TOS, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
This TOS will be governed by Philippine law, without regard to the choice or conflicts of law provisions of any jurisdiction. With respect to any disputes or claims not subject to arbitration, as set forth above, you and parentUpp agree to bring all disputes, actions, claims, or causes of action related to this TOS or in connection with the Service only in the courts located in Pasig City, Philippines. If any provision of this TOS is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and parentUpp as a result of this agreement or use of the Service. The failure of parentUpp to enforce any right or provision in this TOS will not constitute a waiver of such right or provision unless acknowledged and agreed to by parentUpp in writing. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign this TOS without the prior written consent of parentUpp, but parentUpp has the right to assign any or all of its rights and obligations under this TOS at any time. The section titles in this TOS are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to this TOS or other matters by displaying notices or links to notices generally on the Service. This TOS comprises the entire agreement between you and parentUpp and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Questions? Concerns? Suggestions?
Please contact us as set forth below to report any violations of the TOS or to pose any questions regarding the TOS or the Service. email@example.com
parentUpp Terms of Service (202008.02.0)