User Agreement and Privacy Notice

APPostolic (including WeParentMore) User Agreement and Privacy Notice

Your Acceptance of this Agreement. By clicking the Accept Button, and by installing or using this Application, you thereby irrevocably accept all the terms of this Agreement. Do not click the Accept Button and do not install or use the Application if you do not intend or want to accept all the terms of this Agreement.

Legally Binding. This is a legally binding Agreement between you and APPostolic Inc., an Illinois not-for-profit corporation (“Company”). This Agreement governs your use of Company’s We Parent More website (the “Site”) and application (the "Application"), and this Agreement governs your rights and remedies against Company and, with respect to Site and Application, your rights and remedies against whoever provided, licenses, or owns the platform or place from which you accessed and downloaded Site and Application (“Platform Provider”). As used in this Agreement, “third party” means any person or entity other than you, Company, and Platform Provider.

  1. Minimum Age. You hereby represent to Company that you are at least 18 years old. If you are not age 18, you may not install the Application.
  2. Permission. In return for and in reliance on your representation that you are at least 18 years old, and in return for an in reliance on you acceptance of and compliance with this Agreement, Company hereby gives you permission to install and use the Application, subject to the other provisions of this Agreement, which includes Company’s right to revoke that permission. Company’s grant of permission to install and use the Site and Application is a personal, limited, revocable, conditional, non-transferrable, non-exclusive license, not a sale.
  3. Future Releases. This Agreement shall apply to all releases, updates, upgrades, and other additions and changes to the Site and the Application, which Company may automatically install on the Device or which may require installation by you.
  4. Your Responsibility for Use By Others. You are solely responsible for use of the Site and the Application by anyone who uses the device onto which you installed the Application (the “Device”), whether or not that they use the Device with your knowledge or consent. As soon as possible, you shall inform such persons that their use of the Site and the Application is governed by this Agreement as if they, rather than you, had clicked the Accept Button and had installed the Application onto the Device, and that the references in this agreement to you means and includes those other persons, including persons under the age of 18 years old. You shall carefully supervise and monitor use of the Site and the Application on the Device by persons who are under the age of 18 years old, and with respect to such persons and their use of the Site and the Application, you hereby represent and warrant that you have entered into this Agreement on their behalf as their parent, guardian, or agent.
  5. Restrictions. With respect to the Site and the Application and any content on the Site and the Application that you have not created, you shall not do any of the following, by any means or methods now or hereafter existing: (a) copy, reproduce, publish, distribute, re-distribute, re-purpose, publicly perform or display, broadcast, adapt, modify, translate, disable, create derivative works of or otherwise communicate, disassemble, reverse compile, decrypt, or reverse  engineer any part of the Site and the Application; (b) transfer, sublicense, lease, lend, rent or otherwise distribute; (c) make any commercial or revenue-generating use, or for any data- mining, scraping, crawling, redirecting, collecting, compiling, or to send any unsolicited or illegal email, text, or other communication, (d) any activity or conduct, which in Company’s sole opinion, constitutes harassment or is immoral, unethical, abusive, or defamatory, or (e) make or grant use of the Site and the Application through any network or file-sharing service, hosting service, application services provider, service  bureau, or any other type of service.
  6. Reservation of Rights. Company retains all rights to the Site and the Application and to the content on the Site and the Application which Company has not otherwise expressly granted in this Agreement. You have no ownership rights to the Site and the Application, and you have no ownership rights to any content posted to the Site and the Application that you did not create.
  7. Company Use of Your Content and Suggestions. With respect to any and all content you create or post on the Site and the Application, and any and all of your suggestions for improvements or changes to the Site and the Application, you hereby irrevocably and permanently grant to Company a perpetual, fully transferable, non-exclusive worldwide license to access, use, store, copy, reproduce, publish, distribute, re-distribute, re-purpose, publicly perform or display, broadcast, adapt,  modify, translate, create derivative works, or otherwise communicate, sell, exchange, rent, or sublicense, by any means or method now or hereafter existing, as Company desires at its sole discretion, without paying you any royalty or any other amount, without acknowledging you as the source of the content, improvement, or change, and without giving you any notice, recognition, or credit, and without any other obligation to you, and you waive all moral rights to the foregoing.
  8. No Maintenance or Support. Company is not obliged to fix any defects in or problems with the Site and the Application or to help you use the Site and the Application, even if Company has knowledge of those defects or problems, or your need for help.
  9. Disclaimer of All WarrantiesCompany provides the Site and the Application “AS IS”, and with no express warranties or warranties of fitness for a particular purpose. You assume the entire risk that the Site and the Application your use of the Site and the Application, unsatisfactory.
  10. Third Party Licenses and Contracts. The Site and the Application may use products and services provided to Company under licenses or contracts from Platform Provider and other third parties, and therefore the terms, conditions, disclaimers, and other provisions of such licenses and contracts are hereby incorporated into this Agreement and shall be binding on you as if fully set forth in this Agreement (“Third Party Contracts”). If there is any conflict between this Agreement and any Third Party Contracts, the conflicting provisions of the Third Party Contract shall govern and apply to the conflict.
  11. Third Party Claims. Platform Provider is not liable or responsible for claims by any third party that the Site and the Application, including content that you or anyone else, created or posted, violates any rights of that third party, and therefore Platform Provider is not obliged to investigate, defend, settle, or pay any such claims.
  12. Term, Termination, and Withdrawal. The term of the License shall commence on the date you first install the Application and shall end when you uninstall the Application or when Company terminates and withdraws its grant of your permission to install and use the Application. Company may, at its sole and subjective discretion, suspend, cancel, terminate, withdraw and delete the Application, any content on the Site and the Application whether or not created or posted by you, or your permission to use the Site and the Application, at any time, with or without prior notice, and with or without any cause. Your breach of this Agreement shall constitute the immediate termination of your permission to use the Site and the Application without further notice from Company. All the provisions of this Agreement shall survive the end or termination of the term of the License, other than Company’s grant of your permission to install and use the Application.
  13. Monitoring Content. Company is not required to read or otherwise monitor any content posted on the Site and the Application, but Company reserves the right to do so at any time, to any extent, for any purpose, and at its sole and subjective discretion.
  14. Privacy. Company does not collect or use data or information that could be used to identify you, except your user name and password. You hereby consent to the following (one or more of which is “Third Party Use of Your Data”): Third parties with whom Company has subscription or sponsorship agreements or agreements to develop, host, or maintain the Site and the Application, and those third parties may: (a) obtain and collect data and other information that may or may not personally identify you, information that you provide to them on any Inquiry Form or otherwise, (b) obtain or collect the foregoing data and information using cookies, web beacons, methods of location identification or geo-tagging, and other technologies, now or hereafter existing, and (c) use, store, transmit, disclose, sell, license, lease, or exchange any of the foregoing data and information, including usage metrics, statistics, and analytics concerning the Site and the Application and any content on the Site and the Application, including content that you create, post, or read. If you want to inquire about or restrict Third Party Use of Your Data, at your written request Company will give you the names and contact information of those third parties. You will be solely responsible to contact those third parties and to make the necessary arrangements for such restrictions.
  15. Waiver of Claims. The claims that are the subject of this provision are claims in connection with this Agreement, the Site and the Application, use of the Site and the Application, including the posting of content, by you or anyone else, and Third Party Use of Your Data. One or more of such claims are referred to as “Claims”. As Company gratuitously granted you permission to use the Site and the Application, you therefore waive all Claims against Company and against Platform Provider, and you shall not sue  Company or Platform Provider for any Claims. For purposes of this provision and all other provisions of this Agreement, the word “Claims” include all causes of action, injuries, losses, and expenses, of any type or nature,  whatsoever, arising under any laws of any type whatsoever, including the negligent or intentional acts or omissions by Company, Platform Provider, or anyone else, invasion of privacy, defamation, infringement of  copyrights, trademark, patents, and trade secrets, moral rights, loss of data, damage to your Device, failure of performance by the Site and the Application, Company, or Platform Provider, breach of this Agreement, breach of warranty, and strict liability. Your waiver of Claims against Company and Platform Provider also includes all special, incidental, consequential, exemplary, and punitive damages, and all other type of damages, whatsoever, even if the foregoing limitation of liability fails of its essential purpose, and even if such damages are foreseeable or otherwise anticipated by Company or Platform Provider.
  16. Limitation of Liability. Without limiting your waiver of Claims as otherwise provided by this Agreement: (a) You hereby waive all lawsuits and proceedings against Company, regardless of the subject matter, for which you do not commence a lawsuit within 60 days after you first have knowledge or notice, or reasonable cause to believe, that an act, omission,, or event occurred, under or for which such lawsuit or proceeding first arose. (b) Company’s liability to you and to everyone else who uses the Device, for any negligent or intentional act or omission by or attributable to Company, or for any event or occurrence, including acts or omissions which constitute any of the Claims, shall not exceed an aggregate, cumulative total of $50, regardless of the number or types of causes of action the number of users of the Device, and the dates of the acts, omissions, events, or occurrences under which such causes of action arose.
  17. Your Indemnification of Company and the Platform Provider. You shall indemnify, defend, and hold Company, Platform Provider, and their respective shareholders, partners, members, owners, directors, officers, employees, contractors, vendors, and agents (one or more of whom are the “Indemnified Parties”) from all demands, lawsuits, proceedings, hearings. liabilities, damages, judgments, costs, fines, penalties, the fees of attorneys, experts, and consultants, and all other expenses of any type or nature whatsoever, asserted against, awarded against, or incurred by an Indemnified Party, for, or arising from, caused by, or connected with: (a) any Claims by you or by anyone else who uses the Device that exceed the  limitations of liability provided by this Agreement, (b) any breach of this Agreement, any agreement with Platform Provider, or any Third Party Contract, by you or by anyone else who uses the Device, and (c) any Claims against Company or Platform Provider arising from or connected with any use of the Site and the Application, including the creation or posting of any content, by you or by anyone else who uses the Device.
  18. Lawful Use and Compliance.You shall not use the Site and the Application or post content on the Site and the Application contrary to any applicable law, regulation, rule, decree, code, or ordinance (“Law”). In particular, but without limiting the foregoing: (a) You and everyone else who uses the Device shall not export or re-export the Site and the Application: (i) to any country that is the subject of an embargo decreed by an agency or other authority of the United States, or (ii) to any person or entity on the list of Specially Designated Nationals promulgated by the United State Treasury Department or on the Denied Person’s List or Entity List promulgated by the United States Department of Commerce. (b) You represent and warrant that neither you or anyone else who uses the Site and the Application on the Device: (i) is in a country that is subject to any of the foregoing embargos, or that has been designated by any agency of the United States government as a “terrorist supporting” country, and (ii) is listed on any list of prohibited or restricted parties promulgated by any agency of the United States government. (c) You will not post any content to the Site and the Application that violates or infringes on the rights of any third party, including copyright, trademark, privacy, publicity, and false light, or which defames any third party.
  19. Notice to Company. If you have any questions, comments, or complaints concerning this Agreement, the Site and the Application, or Company, for all other matters concerning this Agreement, the Site and the Application, or Company, and for all notices and other matters concerning the Digital Millennium Copyright Act, contact Company at helpful@weparentmore.org
  20. Third Party Beneficiary. Although Platform Provider is not a party to this Agreement, Platform Provider is a third party beneficiary of this Agreement, and therefore the Platform Provider has the right  to enforce this Agreement  against you.
  21. Injunctive Relief. You hereby consent to entry of a temporary, preliminary, and permanent injunction against you in favor of Company or the Platform Provider to enforce this Agreement even if Company or Platform Provider has an adequate remedy at law, and such injunctions shall be without prejudice or limitation to any other right or remedy that Company or the Platform Provider may have against you.
  22. Changes to This Agreement.From time to time Company may change this Agreement by posting the changes to Company’s website without notice or liability to you. Company’s website address is www.weparentmore.org.Such changes will be effective immediately or at such other time as expressly stated by Company, and references herein to this Agreement shall include those changes. Your continued use of the Site and the Application will irrevocably constitute your acceptance of those changes. This Agreement may be changed only by the Company posting those changes to Company’s website. No other conduct of Company or any person or entity acting for or on behalf of Company shall thereby modify this Agreement. Company’s failure or forbearance to require strict compliance with this Agreement, whether or not occurring on multiple occasions, shall not thereby modify this Agreement, shall not excuse future compliance, and shall apply only to the specific instance of failure or forbearance.
  23. Trademarks. We Parent More and APPostolic are trademarks of the Company, and you have no permission to use those trademarks in any manner or for any purpose, whatsoever.
  24. No Discharge. Company’s breach of this Agreement, regardless of the nature of the breach and even if material, shall not discharge you from your obligations under this Agreement.
  25. Changes to the Site and the Application. From time to time, Company may at its discretion make any change to the Site and the Application that the Company desires, including its appearance, functionality, and structure.
  26. Enforcement. This Agreement and all disputes concerning this Agreement shall be governed by the laws of the State of Illinois without applying conflict of law principles that would result in applying the law of any state other than Illinois. In all lawsuits between you and Company, you hereby consent and submit to the exclusive jurisdiction and the exclusive venue of the state courts located in DuPage County, State of Illinois, and you waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret this Agreement, you waive all rights to a jury trial, and in all such actions, including appeals, if Company is the prevailing party, you shall pay Company its costs and expenses, including the fees of the its party’s attorneys, experts, and consultants. Notwithstanding the foregoing jurisdiction and venue restrictions, Company may enforce any judgment or court order that it obtains against you in any jurisdiction and in any venue.
  27. Severability. If a court or other tribunal, following the conclusion of all appeals, if any, determines that any provision of this Agreement is void or unenforceable, the balance of this Agreement shall nevertheless remain enforceable, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision, and to that end, you and Company intend that provisions of this Agreement are and shall be severable. Following the conclusion of all appeals, if any, you and Company shall, if possible, modify the void or unenforceable provision, retroactive to the date on which you downloaded the Application, consistent with the final determination so that the provision becomes valid and enforceable while remaining as similar as possible to the original.
  28. Interpretation. The interpretation of this Agreement shall be derived only from the provisions hereof, without resort to course of dealing, usage of trade, course of performance, or any other extrinsic evidence, and shall not be construed in your favor or against Company or Platform Provider. Whenever appropriate under the circumstances, within this Agreement, including definition of any term in this Agreement: (a) the plural of any word shall mean the singular; (b) the singular of any word shall mean the plural; (c) “and” shall mean “or”; (d) “or” shall mean “and”; (e) “any” shall mean one, more than one, or all; (f) “all” shall mean any, one, or more than one; (h) words referring to persons shall include associations, cooperatives, corporations, firms, general and limited partnerships, limited liability companies, natural persons, public agencies, sole proprietors, trusts, and all other entities; (g) the words "include," "including," and similar words shall be construed as if followed by the phrase "without limitation".
  29. Integration. Unless both you and Company have signed a separate writing, this Agreement and all the changes the Company makes to this Agreement contain and constitute the final, entire, and exclusive statement of the terms, provisions, understanding, and arrangement between Company and you regarding the matters that are the subject of this Agreement. Notwithstanding anything on Company’s website to the contrary, the contents of the Company’s website, now or hereafter existing, are not a part of this Agreement and shall never form or constitute any other agreement, contract or  binding arrangement between Company and you.
  30. Reliance. Company has not given you, and you have not relied on, any oral or written statement, representation, warranty, or promise that is not expressly set forth within this Agreement. You release and waive all claims, and you shall not sue Company, for fraud-in-the-inducement with respect to any statement, representation, warranty, promise, or document on which you hereby agreed to refrain from relying.
  31. No Additional Obligations. You hereby acknowledge that nothing within this Agreement is or will be intended by you to impose or create, by implication or otherwise, any requirement, duty, or obligation of Company, of any kind or nature whatsoever, that is not expressly set forth or referred to within this Agreement.
  32. Waiver of Contrary Claims. You hereby waive all claims against Company and the Platform Provider that are contrary to any provision of this Agreement.
  33. No Assignment, Heirs and Successors. You may not assign your rights or obligations under this Agreement  to any person or entity. This Agreement shall be binding on and shall inure to the benefit of your agents, heirs, executors, administrators, and representatives. This Agreement shall be binding on and shall inure to the benefit of Company’s successors and assigns.
  34. Discretion. Company’s A exercise of its discretion under this Agreement, means its sole and subjective discretion, and you waive all claims that Company’s exercise of its discretion is unreasonable or not in good faith.
  35. Effective Date. The effective date of this Agreement shall be the date on which you click the Accept Button.
  36. Headings.  The section headings in this Agreement are included solely for convenience and are not intended to affect the interpretation of this Agreement or to have any substantive meaning.
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