AT Parenting Survival™/Anxious Toddlers™ Website and Mobile Application Community
Terms and Conditions
Last Updated: July 27th, 2025
1. Background. Thank you for visiting one of the AT Parenting Survival™/Anxious Toddlers™ websites located at anxioustoddlers.com, atparentingcommunity.com, atparentingsurvival.com, atparentingsurvivalschool.com, atparentingsurvivalseries.com, childocdtherapist.com, ocdcarddeck.com, natashadaniels.com, etsy.com/shop/natashadanielsco, or socialanxietyreality.com (collectively, the “Site”) and/or accessing the AT Parenting Survival™/Anxious Toddlers™ mobile application community (the “Company App Network”), as hosted on the Mighty Network mobile application (the “Mighty Network App”), as made available by Mighty Software. Inc. (“Mighty Software”). The Site and Company App Network (other than those portions of the Company App Network that comprise the Mighty Network App) are properties of Anxious Toddler LLC (collectively, “Company” “we,” “our” or “us”).
Please be advised that Company is not in any way affiliated with Mighty Software, and the Company Offerings (as defined below) are not endorsed, administered or sponsored by Mighty Software.
2. Scope. These AT Parenting Survival™/Anxious Toddlers™ Website and Mobile Application Community Terms and Conditions (“Terms”) are inclusive of the AT Parenting Survival™/Anxious Toddlers™ Privacy Policy (“Privacy Policy”), the AT Parenting Survival™/Anxious Toddlers™ Website Disclaimer (“Website Disclaimer”), and any and all other applicable AT Parenting Survival™/Anxious Toddlers™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).
3. Your Consent to the Agreement. You agree to the terms and conditions contained in the Agreement, in their entirety, when you: (a) access and/or use the Site; (b) access and/or attempt to access the Company App Network after downloading the Mighty Network App, as made available on the iPhone® and iPad®, as well as Android® and other mobile devices, where and to the extent available (collectively, “Mobile Devices”) by and through the Apple® App Store, the Google Play® store and other applicable venues, where and to the extent available (collectively, “Download Venues”); (c) access certain text, images, video, audio, reviews, testimonials, free webinars, podcast episodes, free courses and other content and information relating to the Company Offerings as made available by: (i) Company (collectively, “Company Content”); and/or (ii) third parties (“Third-Party Content,” and together with the Company Content, the “Content”); (d) purchase any of the Company courses, books, OCD card decks and/or other products and/or services featured on the Site, either through the retail or professional use options made available to users (collectively, “Company Products”); (e) register for a paid membership (“Membership”), which provides you with access to the Company App Network, as well as various additional Company Products, for a monthly fee; (f) register to receive our email newsletter (“Newsletter”), which contains updates and promotions associated with various Company Products; (g) access links to the Company social media pages/accounts appearing on third-party social media websites (collectively, “Social Media Pages”), such as Facebook®, Instagram®, Pinterest®, TikTok® and YouTube® (collectively, “Social Media Websites”); (h) utilize the message boards, comment sections, messaging functionality and other interactive features associated with the Site (“Interactive Services”); (i) utilize the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Company (collectively, the “Contact Services,” and together with the Site, Company App Network, Content, Membership, Company Products, Newsletter, Social Media Pages and Interactive Services, the “Company Offerings”); and/or (j) otherwise affirmatively consent to these Terms and/or the Agreement.
These Terms are effective as of the date set forth above. Please print the Agreement for your records. A printed version of the Agreement will be valid, enforceable, and admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as a paper agreement that you sign manually. Violations of the Agreement may result in suspension or termination of your account.
Apple®, Apple App Store®, Apple TV®, iPhone® and iPad® are registered trademarks of Apple, Inc. (“Apple”). Facebook® and Instagram® are registered trademarks of Meta Platforms, Inc. (“Meta”). Android®, Google Pay®, Google Play® and YouTube® are registered trademarks of Google, Inc. (“Google”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). TikTok® is a registered trademark of ByteDance Ltd. (“TikTok”). Please be advised that Company is not in any way affiliated with Apple, Meta, Google, Pinterest or TikTok, and the Company Offerings are not endorsed, administered or sponsored by any of the foregoing entities.
NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, INDEMNIFICATION PROVISIONS, A BINDING ARBITRATION AGREEMENT AND WAIVERS OF CLASS ACTION AND TRIAL BY JURY.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST COMPANY AND/OR ITS THIRD PARTY PARTNERS, AS WELL AS THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND RELATED PARTIES, AND COMPANY’S PRINCIPALS (INCLUDING MS. NATASHA DANIELS), COMPANY’S SERVICE PROVIDERS AND COMPANY’S MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE LIMITATION OF LIABILITY, INDEMNIFICATION AND MANDATORY ARBITRATION PROVISIONS CONTAINED HEREIN.
THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT. NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
4. Disclaimer. If you are experiencing severe emotional distress and/or suicidal thoughts, please seek all available help, immediately, including, without limitation, contacting the Suicide & Crisis Lifeline by dialing 988 and/or visiting their website located at: https://988lifeline.org/.
Company provides informational services only. Company is not a mental health, psychiatric, medical or health services organization. The Company Offerings do not include, comprise or involve any: (a) mental health and/or psychiatric-related treatment, products and/or services; or (b) form of medical advice, oversight, diagnosis, care or treatment including, but not limited to, psychological/psychiatric care.
Utilizing the Company Offerings is not a substitute for a visit and/or consultation with your healthcare/psychiatric care professional(s) and/or physician(s). Do not disregard medical or professional advice or delay in seeking it because of information that you may have obtained by and through the Company Offerings. The Company Offerings should only be used in conjunction with the guidance and care of your healthcare/psychiatric care professional(s) and physician(s). We strongly suggest that you seek the advice of your healthcare/psychiatric care professional(s) and physician(s) concerning any questions that you may have regarding a possible mental illness, mental disorder or other medical condition.
Information and statements regarding some of the products and/or services featured on the Site may not have been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any mental health condition or disorder, disease or medical condition. Company does not recommend or endorse specific diagnostic or diagnostic criterion, physicians, clinicians, products, procedures, opinions, theories or any other medical/psychiatric-related information that may be made available by and through the Company Offerings. Reliance on any information made available to you by and/or through the Company Offerings is solely at your own risk. If you experience a medical emergency, call your doctor or emergency medical service provider immediately.
No licensed medical professional/patient relationship is created by any interactions with Company and/or any Company personnel or representatives.
5. Modification. We may amend the Agreement from time to time in our sole discretion, without specific notice to users; provided, however, that: (i) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (ii) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site and by and through the Company App Network, and users should review the Agreement in its entirety prior to using any Company Offerings. By a user’s continued use of any Company Offerings, that user hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
6. Requirements; Necessary Equipment; Data Charges. The Company Offerings are available only to individuals who: (a) can enter into legally binding contracts under applicable law; (b) are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction); provided, however, that certain courses are available, under direct parental supervision, to individuals who are seven (7) years of age or older (“Children’s Courses”), as further detailed below; and (c) are either acting in their individual capacity or are acting in their capacity as duly authorized representatives of a valid business entity (“Entity”), where the individual is purchasing Company Products for intended Professional Use (as defined below) (collectively, “Usage Requirements”). The Company Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction) and/or individuals who cannot enter into legally binding contracts under applicable law. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the Company Offerings. If you do not satisfy all of the Eligibility Requirements, you may not access the Company Offerings.
In order to obtain access to the Children’s Courses, you must be five (5) years of age or older. If you are not yet five (5) years of age, you may not access the Children’s Courses. If you are at least five (5) years old but not yet eighteen (18) years of age, please have your parent(s) or legal guardian(s) (“Parent or Guardians”) review the Agreement with you, discuss any questions that you may have and provide you with access to the Children’s Courses. If you are a Parent or Guardian, you are responsible for exercising direct supervision over your children’s online activities in connection with the Children’s Courses. If you do not agree to the terms of the Agreement, do not let your child access and/or use the Children’s Courses. If you are the Parent or Guardian of a child under the age of eighteen (18) years of age and you believe that your child has accessed the Children’s Courses or any other Company Offerings without your authorization, please contact us via email at: [email protected].
Where you intend to obtain Company Products for a Professional Use, any reference to “you” or “your” herein shall refer to the Entity associated with the intended Professional Use.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/Mobile Device, mobile telephone number, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Company Offerings. Company does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Company does not guarantee that the Company Offerings can be accessed: (i) on all Mobile Devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; and/or (iv) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Company App Network and other Company Offerings. You are fully responsible for all such charges and Company has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
In addition to the foregoing, individuals are not permitted to access the Company Offerings with a Jail-Broken Mobile Device. For purposes of the Agreement, a “Jail-Broken Mobile Device” is a Mobile Device that runs: (I) Apple’s® iOS operating system (including the iPhone®, iPad® and second-generation Apple TV®) that has had any of its iOS-based software restrictions removed via any procedure that is not fully endorsed and authorized by Apple®; and/or (II) the Android® operating system that has had any of its Android®-based software restrictions removed via any procedure that is not fully endorsed and authorized by the applicable Mobile Device manufacturer.
7. Registration; Termination of Accounts. In order to access the Company App Network, purchase Company Products and/or a Membership, register for the Newsletter, utilize the Interactive Services and/or utilize certain other Company Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a “Form”). The information that you must supply on a Form may include, without limitation: (a) full name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; (e) credit/debit card information or other Payment Method (as defined below) information (where purchasing a Membership and/or Company Products); and/or (f) any other information requested by us on the applicable registration Form (collectively, “Registration Data”).
You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Company’s use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
Company may reject a prospective user’s attempt to open an account and/or terminate a user’s account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where: (i) Company believes that such user/prospective user, as applicable, is in any way in breach of the Agreement; (ii) Company believes that such user/prospective user, as applicable, is engaged in any improper and/or unauthorized conduct in connection with the Company Offerings; and/or (iii) Company believes that such user/prospective user, as applicable, is, at any time, engaged in any activity by and/or through the Company Offerings that may violate any applicable law.
As part of the registration process, users may be provided with, or may select, a user-name and/or password for both the Site and the Company App Network. If the user-name(s)/password(s) that a user requests is/are not available, that user will be asked to supply another user-name/password. If Company provides a user with a user-name/password, that user can change that user-name and/or password, or the one that the user selected during registration, at any time through her/his Site and/or Company App Network account settings, as applicable. Each user agrees to notify Company of any known or suspected unauthorized use(s) of her/his account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of her/his user-name(s)/password(s). Each user shall be responsible for maintaining the confidentiality of her/his user-name(s)/password(s) and account. Each user agrees to accept responsibility for all activities that occur through use of her/his user-name(s)/password(s) and account, including any charges incurred therethrough. Any fraudulent, abusive or otherwise illegal activity engaged in by any user, or any entity or person with access to that user’s user-name(s)/password(s) and/or account may be grounds for termination of that user’s account, in Company’s sole discretion, and that user may be reported to appropriate law enforcement agencies.
8. Compliance with Applicable Law. Each user represents and warrants that it, its use of the Company Offerings, as well as its Feedback (as defined below), shall fully comply with all applicable laws, rules and regulations (collectively, “Applicable Law”).
9. Purchases and Billing Provisions.
One-Time Purchase Through the Site/Company App Network. You can purchase Company Products by and through the Site and/or Company App Network by completing the applicable Form and providing the requisite Registration Data. Upon completing the applicable Form associated with the purchase of the Company Product(s) that you have added to your shopping cart, and upon providing the requisite Registration Data, your Payment Method (as defined below) will be charged the applicable purchase price for the Company Product(s), plus shipping and handling and applicable sales tax. For purposes of the Agreement, “Payment Method” shall mean your designated credit/debit card, your Google Pay® account, and/or your PayPal® account.
PayPal® is a registered trademark of PayPal, Inc. (“PayPal”). Please be advised that Company is not in any way affiliated with PayPal, and the Company Offerings are not endorsed, administered or sponsored by PayPal.
Purchase Through Third Party E-Commerce Sites. Certain Company Products may be sold via third-party websites, such as Amazon.com and Etsy.com (“Third Party E-Commerce Sites”). All purchases made through Third Party E-Commerce Sites shall be subject to the terms, conditions, policies and other rules established by those Third Party E-Commerce Sites. You understand and agree that Company shall not be liable to you, any other user or any third-party for: (a) any act and/or omission of any Third Party E-Commerce Site(s); and/or (b) any claim in connection with your use of, or inability to use, any Third Party E-Commerce Site(s).
Membership. Where you purchase a Membership, your Payment Method will be charged the applicable amount for the subject Membership on a recurring basis for as long as that Membership remains active (the “Recurring Fees”). Such Recurring Fees will be charged in advance, and you acknowledge and agree that Company will not obtain any additional authorization from you for the applicable Membership’s Recurring Fees. Every time that you access any of the rights and privileges associated with your Membership, you re-affirm that Company is authorized to charge your Payment Method and to have the Recurring Fees applied to same. You can cancel your Membership by contacting us at: [email protected] or by going to “Settings” in your account, selecting Cancel under the “Membership” box and then following the onscreen instructions to continue and cancel your Membership.
General Payment and Billing Terms. UNLESS OTHERWISE INDICATED, AND SUBJECT TO THE RETURNS POLICY SET FORTH BELOW, ALL SALES ARE FINAL AND NON-REFUNDABLE. The fees associated with your purchases will appear on your Payment Method statement through the identifiers “ATparenting,,” “AT Parent Membership” and “Anxious Toddlers,” as applicable All prices displayed on the Site and in the Company App Network are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use Company Products/Memberships does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Company in effect at any given time. Upon reasonable prior notice to you (with Site and Company App Network updates and/or e-mail sufficing), Company reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Purchase of Company Products and/or use of your Membership after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Electronic Signatures: Company’s authorization to provide and bill for the Company Products and Memberships is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the “E-Sign Act”). Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE COMPANY OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.
10.Company Product Returns. We do not accept returns or exchanges unless the applicable Company Product arrives damaged or defective. Please double-check your order before completing your purchase. If the Company Product arrives damaged or you receive the wrong product, please contact us at: [email protected] within seven (7) days of receipt with a description of the damage and photos showing the damage. Where you have complied with the foregoing, we shall issue a refund or exchange of the subject damaged Company Product(s).
Returns of Company Products purchased through Third Party E-Commerce Sites may be subject to additional terms, conditions, restrictions and policies as established by those Third Party E-Commerce Sites.
11. Company Product Descriptions; Limited Availability; Order Cancellation by Company; Reselling/Professional Use. Company attempts to be as accurate as possible when describing the Company Products. However, Company does not warrant that the Company Product descriptions (or other Content contained on the Site and/or in the Company App Network) are accurate, complete, reliable, current or error-free. If the Company Products offered on the Site/in the Company App Network are not as described, your sole remedy is to return the Company Products. We have made every effort to display as accurately as possible the colors of the Company Products that appear on the Site and in the Company App Network. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, Mobile Device or other device used to access the Site/Company App Network, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate.
In the event that a Company Product/Membership is listed at an incorrect price point due to a typographical error or an error in pricing information received from our suppliers, Company shall have the right to refuse or cancel any orders placed/applications submitted for that Company Product/Membership so listed at the incorrect price. Company shall have the right to limit the number of items purchased through the Site and/or Company App Network. Company shall have the right to refuse or cancel any order whether or not the order has been confirmed and your Payment Method charged. If your Payment Method has already been charged for the purchase and your order is canceled, Company shall immediately issue a credit to your Payment Method account in the amount of the charge.
Company reserves the right to limit the quantity of Company Products/Memberships purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by and through the same account, the same credit card/Payment Method, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied.
Reselling/Professional Use. The Reselling (as defined below) of Company Products is strictly prohibited. For purposes of the Agreement, “Reselling” means purchasing or intending to purchase any Company Product(s) from Company for the purpose of engaging in a commercial sale of that/those same Company Product(s) to/with a third party.
Subject to the aforementioned prohibition on Reselling, Company permits the purchase of Company Products for professional use by accredited organizations, schools and therapy practices where such option is selected at check-out (collectively, “Professional Use”). Purchase of Company Products for Professional Use allows the subject Company Products to be accessed and shared in the subject practice, school or workplace setting with clients, parents, patients or students while in session only, and is not meant for multiple logins/users.
12. The Company App Network. The Company App Network is available to users with active Memberships in good standing who have also downloaded the Mighty Network App. The Company App Network is only accessible through the Mighty Network App. All aspects of the functionality of the Mighty Network App, including installation, uninstallation, bug fixes, updates and otherwise, shall be determined by Mighty Software and the applicable Download Venue. The Agreement is entered into by and between you and Company, and not with Mighty Software or the applicable Download Venue that you use to access the Mighty Network App. Use of the Mighty Network App shall be governed by the user agreements, policies, terms, conditions and restrictions established by Mighty Software, from time-to-time. Use of the Download Venues shall be governed by the user agreements, policies, terms, conditions and restrictions established by the applicable Download Venues, from time-to-time. Company does not control: (a) Mighty Software or any of the actions, policies or decisions made by Mighty Software; or (b) the Download Venues or any of the actions, policies or decisions made by the operators of those venues. You understand and agree that Company shall not be liable to you, any other user or any third-party for any claim in connection with: (i) any act and/or omission of Mighty Software and/or any Download Venue; or (ii) your use of, or inability to use, the Mighty Network App and/or any Download Venue.
13. Interactive Services and Feedback.
(a) Subject to the restrictions contained herein including, without limitation, those contained below, the Interactive Services may allow users to post comments, text, video, content and engage in other interactive communication, by and through the Company Offerings. In connection with the Interactive Services, each user shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. Company reserves the right to prohibit any conduct by users, or to remove any Feedback posted by and/or through the Interactive Services that Company deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which Company believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Company to harm, damage to reputation or liability. Notwithstanding the foregoing, Company undertakes no responsibility to monitor or otherwise police the actions of users, Feedback and/or other material posted by users and/or other third parties. Company shall have no obligation and incur no liability to any users in connection with any Feedback. Users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when viewing Feedback. You agree to use the Interactive Services in a manner consistent with, and in full compliance with, any and all applicable laws and regulations.
(b) In connection with the posting of Feedback, your use of the Interactive Services and/or your use other of the Company Offerings, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, other users; (vii) transmit any chain letters, spam or junk e-mail to other users; (viii) express or imply that any statements that you make are endorsed by Company, without Company’s specific prior written consent; (ix) harvest or collect personal information of other users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Company Offerings; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site and/or Company App Network; (xiii) interfere with or disrupt the Company Offerings and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that 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; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (xvi) “frame” or “mirror” any part of the Company Offerings without Company’s prior written authorization; (xvii) use metatags or code or other devices containing any reference to any Company Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Company Offerings or any software used in or in connection with the Company Offerings. Company reserves the right to pursue any and all legal remedies against users that engage in the aforementioned prohibited conduct.
14. Social Media Pages. The Site and Company App Network contain links to the various Company Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Company shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
15. Content.
(a) General Terms. Subject to the terms and conditions of the Agreement, users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Company App Network, Site and/or other Company Offerings. The Content is compiled, distributed and displayed by Company, as well as third-party content providers, such as other users and third-party service providers (collectively, “Third-Party Providers”). The Content shall at all times remain subject to the disclaimers set forth herein, including in Section 4 above, as well as the Website Disclaimer located here. Company does not control the Content provided by Third-Party Providers that is made available by and through the Company Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness, safety and/or usefulness of such Content. The Content should not necessarily be relied upon. Company does not represent or warrant that the Content and other information posted by and/or through the Company Offerings is accurate, complete, up-to-date or appropriate. Users understand and agree that Company will not be responsible for, and Company undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. Users agree that Company shall have no obligation and incur no liability to such users in connection with any Content. Users may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
(b)Feedback License.Each user who posts Feedback by and through the Company Offerings hereby irrevocably grants to Company, for good and valuable consideration, the receipt of which is hereby acknowledged, the worldwide right and license to use, reuse and publish any and all Feedback, in any and all forms of marketing and promotional material including, without limitation, print advertisements (“Ads”), online Ads and other promotions appearing on Company’s Social Media Pages and other Social Media Websites, email Ads, television Ads, radio Ads, interactive media, as well as printed extracts and reproductions of any portion thereof, and for any and all other uses. Each user who posts Feedback represents and warrants to Company that: (i) such user has all of the rights and authority necessary to submit the Feedback for the uses contemplated hereunder, including the right to publish the Feedback; and (ii) the publication of the Feedback by such user, as well as Company as contemplated hereunder, will not infringe upon or violate the rights of any third-party. Each user who posts understands and agrees that: (A) the Feedback, in whole or in part, may be edited and/or dramatized, and that any part of the Feedback may be used without compensation to such user; and (B) no Ad or other material incorporating or making reference to the Feedback need be submitted to such user for approval and Company shall be without liability to such user for any distortion or illusionary effect resulting from its publication of the Feedback. Each user who posts Feedback expressly: (I) releases Company from any and all claims that such user has or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, Ad or promotion utilizing or incorporating the subject Feedback, or any other use of the subject Feedback whatsoever; and (II) acknowledges and agrees that Company shall not be liable for any causes of action or claims related to the applicable user’s decision to provide the Feedback to Company.
16. Ownership. The Company Offerings, including the Company Products, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, and all Company logos, symbols, expansion names and symbols, play level symbols, trade dress or "look and feel,” and all derivative works or modifications of/to any of the foregoing, and all related and underlying intellectual property (including, without limitation, patents, trademarks, trade secrets and copyrights), are the sole and exclusive property of Company. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of the Company Offerings does not convey or imply the right to use the Company Offerings in combination with any other information or products. The posting of information or material by and through the Company Offerings does not constitute a waiver of any right in or to such information and/or materials. The “Anxious Toddlers” and “AT Parenting Survival” names and logos, as well as all uniform resource locators (“URLs”) associated with the Site, are trademarks of Anxious Toddler LLC. The use of any Company trademark without Company’s express written consent is strictly prohibited.
17. License. Each user is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Company Offerings. Company may terminate this license at any time for any reason. Unless otherwise expressly authorized by Company in writing in each instance, users may only use the Company Offerings for their own personal, non-commercial use. No part of the Company Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No user or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Company Offerings except as expressly permitted by Company. No user or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Company Offerings, or any portion thereof. No user or other third-party may create any “derivative works” by altering any aspect of the Company Offerings. No user or other third-party may use the Company Offerings in conjunction with any other third-party content. No user or other third-party may exploit any aspect of the Company Offerings for any commercial purposes not expressly permitted by Company. Each user further agrees to indemnify and hold Company harmless for that user’s failure to comply with this Section 17. Company reserves any rights not explicitly granted in the Agreement.
18. Prohibited Conduct.
(a) Abuse. In accessing the Company Offerings, you represent and warrant to us that you: (i) will not engage in any activity that interrupts or attempts to interrupt the operation of the Company Offerings; and (ii) will comply with the rules, regulations and policies applicable to the Mighty Network App, the Download Venues, the Third-Party E-Commerce Sites and the Social Media Websites.
(b) Hacking, Tampering or Unauthorized Access.Any attempt to gain unauthorized access to our systems or any other user’s account, interfere with procedures or performance of any Company Offerings, or deliberately damage or undermine any Company Offerings is subject to civil and/or criminal prosecution and will result in immediate termination of your account. You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Company Offerings or your account.
(c) Restrictions. Any use, reproduction or redistribution of the Company Offerings, or related services not expressly authorized by the Agreement is expressly prohibited. You may not engage in, or assist others in engaging in, conduct that would damage or impair our property including, without limitation: (i) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, Company Products or services obtained from us; (ii) providing unauthorized means through which others may use the Company Offerings, such as through server emulators; (iii) taking actions that impose an unreasonable or disproportionately large load on our or our suppliers' network infrastructure, or that could damage, disable, overburden or impair the Company Offerings; (iv) interfering with any other party's use and/or enjoyment of the Company Offerings; and/or (v) attempting to gain unauthorized access to third-party accounts and/or the Company Offerings.
(d) Reporting Prohibited Conduct. You may report prohibited conduct by forwarding all evidence of abuse to: [email protected]. All such evidence and your messages become our property and we may use them for the purposes set forth hereunder. Please report responsibly.
19. Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE COMPANY OFFERINGS, AND ALL RELATED SERVICES, PRODUCTS, INFORMATION, AND CONTENT PROVIDED OR MADE AVAILABLE BY OR THROUGH THE COMPANY OFFERINGS ARE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR FREEDOM FROM VIRUS OR OTHER DISABLING ROUTINE, OR INTERRUPTION, OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. USE OF THE INTERNET AND TELECOMMUNICATIONS SYSTEMS IS INHERENTLY RISKY AND YOU DO SO AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE COMPANY OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) ANY INFORMATION OBTAINED THROUGH THE COMPANY OFFERINGS (INCLUDING CONTENT) WILL BE ACCURATE OR RELIABLE; (C) THE COMPANY APP NETWORK CAN BE ACCESSED ON ALL MOBILE DEVICES OR THAT THE COMPANY OFFERINGS WILL BE COMPATIBLE WITH ANY SPECIFIC PC, HARDWARE, MOBILE DEVICE, WIRELESS NETWORK OR SERVICE; (D) THE COMPANY OFFERINGS WILL BE FREE FROM TECHNICAL ERROR, OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC; (E) THE COMPANY PRODUCTS WILL BE FREE FROM ERROR OR DEFECT; (F) ANY DEFECTS IN THE COMPANY OFFERINGS WILL BE CORRECTED; (G) THE COMPANY OFFERINGS WILL ENABLE ANY USER, PARENT AND/OR CHILD TO REALIZE ANY SPECIFIC MENTAL HEALTH, PSYCHIATRIC OR OTHER MEDICAL/HEALTH-RELATED BENEFIT OR OUTCOME; OR (H) THE COMPANY OFFERINGS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY AND/OR THROUGH THE COMPANY OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM, RELATING TO OR ARISING OUT OF VIOLATIONS OF THE AGREEMENT BY OTHER USERS OR THIRD PARTIES AND WE HAVE NO RESPONSIBILITY TO ENFORCE THE AGREEMENT FOR THE BENEFIT OF ANY USER OR THIRD PARTY.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. AS SUCH, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
20. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD-PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, ARISING OUT OF OR RELATING TO THE AGREEMENT, THE COMPANY OFFERINGS, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU BY AND/OR THROUGH SAME, INCLUDING, BUT NOT LIMITED TO, FOR: (A) THE USE OR THE INABILITY TO USE THE COMPANY OFFERINGS INCLUDING, WITHOUT LIMITATION, THE COMPANY PRODUCTS; (B) THE INABILITY TO ACCESS THE COMPANY APP NETWORK ON ANY MOBILE DEVICE; (C) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA, ACCOUNT AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE, COMPANY APP NETWORK OR OTHER COMPANY OFFERINGS INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE/COMPANY APP NETWORK, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE/COMPANY APP NETWORK PAGES VISITED, TIME SPENT ON EACH SITE/COMPANY APP NETWORK PAGE, NAVIGATION PATH THROUGH THE SITE/COMPANY APP NETWORK, AND/OR ANY ACTION TAKEN ON THE SITE/IN THE COMPANY APP NETWORK, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; (D) ANY ISSUE RELATED TO THE TIMELINESS, ACCURACY OR RELIABILITY OF THE COMPANY OFFERINGS; (E) THE FAILURE OF ANY USER, PARENT AND/OR CHILD TO REALIZE ANY SPECIFIC MENTAL HEALTH, PSYCHIATRIC OR OTHER MEDICAL/HEALTH-RELATED BENEFIT OR OUTCOME; (F) ANY TECHNICAL ERROR OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC, ASSOCIATED WITH ANY OF THE COMPANY OFFERINGS; OR (G) ANY OTHER MATTER RELATING TO THE COMPANY OFFERINGS.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THE AGREEMENT, THE COMPANY OFFERINGS, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU BY AND/OR THROUGH SAME SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES. AS SUCH, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 20 MAY NOT APPLY TO YOU.
21. Miscellaneous.
(a) Technical Difficulties. We are not responsible for delays, disruptions, malfunctions or other technical interruptions that affect the Company Offerings including, without limitation, problems with Mobile Devices, the Company App Network, the Site, computer systems, telephone carriers, Internet service providers, quality of coverage, strength of signal, delays or outages in service.
(b) Linked Sites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, Social Media Websites and Third-Party E-Commerce Sites. Company does not control the information, products or services made available on, by or through these third party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators. Because Company has no control over such websites and/or resources, each user agrees that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third parties. Each user further agrees that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site. Your use of third-party websites or services may be subject to those third-parties’ terms and conditions and privacy policies. Please review those legal policies before using any linked websites.
(c) Privacy Policy. The Company Privacy Policy, located here, is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully prior to utilizing the Site and/or any other of the Company Offerings.
(d) Representations and Warranties.Each user hereby represents and warrants to Company as follows: (i) the Agreement constitutes such user’s legal, valid and binding obligation which is fully enforceable against such user in accordance with its terms; (ii) such user understands and agrees that such user has independently evaluated the desirability of utilizing the Company Offerings and that such user has not relied on any representation and/or warranty other than those set forth in the Agreement; (iii) the execution, delivery and performance by such user of the Agreement will not conflict with or violate: (A) any order, judgment or decree applicable to such user; or (B) any agreement or other instrument applicable to such user; (iv) such user’s performance under the Agreement, Feedback and use of the Company Offerings will not: (A) invade the right of privacy or publicity of any third person; (B) involve any libelous, obscene, indecent or otherwise unlawful material; (C) violate any Applicable Law; and/or (D) otherwise infringe upon the rights of any third-parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; and (v) such user shall not “stalk” or otherwise harass any person.
(e) Our Rights and Remedies; No Waiver. No Company right or remedy shall be exclusive of any other, whether at law or in equity including, without limitation, damages, injunctive relief, attorneys' fees and expenses. Our failure to require or enforce strict performance by you of any of the terms and conditions contained in the Agreement, or to exercise any right under same, shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.
(f) Assignment. We may assign the Agreement, and any rights and obligations hereunder, in whole or in part, at any time without notice to you. You may not assign the Agreement or transfer any rights to use the Company Offerings.
(g) Severability. The Agreement is intended to be severable. If, for any reason, any terms and/or conditions contained in the Agreement are held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such terms and/or conditions shall, in such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Agreement, which shall continue to be binding.
(h) No Third-Party Beneficiaries. The Agreement is solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.
(i) Indemnification. You agree, at your own cost and expense, to indemnify and hold us and our Covered Parties harmless from and against any and all claims (including first-person claims brought by Company), disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys' fees, arising out of or relating to: (i) your breach of the Agreement; (ii) any unauthorized or improper use of your account, the Company Offerings and related services by any person including yourself; (iii) your violation of any applicable law, rule or regulation; (iv) any failure by you to provide accurate and up-to-date Registration Data; (v) your Feedback; (vi) any dispute between you and another user or third party; (vii) any act and/or omission of your Entity, where applicable; and/or (viii) your negligence or misconduct. If we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us.
(j) California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to [email protected].
(k) Conflicting Terms. To the extent that anything in or associated with the Company Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(l) Headings. All section headings and captions have been inserted for convenience only and shall not affect the interpretation of the Agreement.
22. Copyright Policy/DMCA Compliance. Company reserves the right to terminate the account of any user who infringes upon third-party copyrights. If any user or other third-party believes that a copyrighted work has been copied and/or posted via the Company Offerings in a way that constitutes copyright infringement, that party should provide Company with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Company’s Copyright Agent for notice of claims of copyright infringement is as follows:
Klein Moynihan Turco LLP
Attn: Copyright Attorney
450 Seventh Avenue, 40th Floor
New York, NY 10123
[email protected]
Fax: (212) 216-9559
23. Dispute Resolution, Class Action Waiver and Arbitration. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles) and any proceeding arising in connection with the Agreement may only be brought under the statutes and common law of the State of New York. The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Company Offerings, the Agreement and/or any other aspect of the relationship between the parties (and Covered Parties). Without limiting the foregoing, should a dispute arise concerning the Company Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto or any other aspect of the relationship between the parties (and Covered Parties): (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration, applying the substantive laws of the State of New York, before JAMS, in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that Company reserves the right to require that any and all user claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against Company that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must: (i) provide Company with proof that you accessed the Site and/or Company App Network and provided consent to the Agreement; and, thereafter (ii) submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, and other than where Company requires same as set forth above, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision prohibiting you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site or Company App Network.
24. Contact Us. Please send any questions or comments regarding the Company Offerings, or any other related matter (including all inquiries unrelated to copyright infringement): (a) by mail to: Anxious Toddlers LLC, 3820 W Happy Valley Rd., Ste 141-511, Glendale, AZ 85310; (b) by email to: [email protected]; or (c) call us at: 1-888-260-3284. Please print these Terms for your records.