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Terms of use
Privacy Policy

Terms of Use

Welcome to Parley Pro!

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE PARLEY PRO WEB APPLICATION PLATFORM SERVICES (COLLECTIVELY, THE “SERVICES”). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND PARLEY PRO AND GOVERN YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, THE SERVICES OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. PARLEY PRO MAY UPDATE OR REVISE THE TERMS OF THIS AGREEMENT WITHOUT NOTICE AT ANYTIME.

NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

General Use Restrictions

As part of the Services: (i) Parley Pro may provide certain templates as well as other various documents, manuals and information, help documentation, content, logos, graphics and images (together, the "Content"); and (ii) you may create or upload to your account your own content or third party content for which you have all necessary permissions (“User Content”). If you are the individual that initially creates a user account, you are the “Manager” for that user account. As the Manager, you may invite other users to collaborate with you using your account (“Members”). All Managers and Members must abide by the Parley Pro Terms of Use. Managers are responsible for any and all privileges that are granted to each of its Members.

You acknowledge and agree that Parley Pro may remove all or a part of any User Content from the Services in the event of a claim as described in the Section below titled “Copyright and Trademark Infringements.”

With respect to the Parley Pro mobile application software and related documentation (collectively, the “Applications”), Parley Pro grants you a limited, non-exclusive and non-transferable license to download and use the Applications solely for your personal or business use. Except for the licenses set forth in the preceding sentences above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Applications in any manner. You shall not distribute the Applications in any manner to any third party. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Applications.

Depending on the account tier that you are registered for, there may be storage limits associated with your account.

Content

The Content is made available to you by Parley Pro and is the copyrighted and/or trademarked work of Parley Pro or Parley Pro’s contributors. Parley Pro grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Content and to use the Site and Services solely for your personal or internal business use.

Except for the limited use license above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content, the Site or the Services in any manner. You shall not distribute the Content or the Services in any manner to any third party.

User Content

If you have uploaded User Content on the Services, you retain all rights that you possess to your User Content. You grant to Parley Pro, a non-exclusive, worldwide, perpetual license (except to the extent you have deleted your User Content) to host and make the User Content available on the Services in accordance with the access rights that you select. You grant to the Members who access your account, a non-exclusive, worldwide, perpetual license to use User Content for their personal or business use, in accordance with the levels of permission you set. PARLEY PRO DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES WITH REGARD TO ALL USER CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PARLEY PRO DISCLAIMS ANY LIABILITY OF ANY KIND WITH REGARD TO ALL USER CONTENT, INCLUDED, WITHOUT LIMITATION, INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY.

Term and Termination

  1. For trial subscriptions, all rights to use the Services will continue until or unless terminated by Parley Pro. Parley Pro reserves the right to terminate trial subscriptions for any reason and without notice.
  2. For paid subscription accounts, Parley Pro may elect to terminate and/or suspend access to the Site and/or the Services without notice for violations of the Terms of Use or non-payment; except that if you are the Manager and have a fully paid subscription, Parley Pro will provide notice of termination or suspension and provide you with a pro-rated refund of fees for the unused portion of the applicable subscription term. The Manager may request a copy of the User Content for a period of 30 days following the date of termination.

Authorized Users

You may be given access to certain password protected areas of the Site and the Services. You are responsible for maintaining the confidentiality of your password, registration data and for any and all activity that occurs under your password. You agree to notify Parley Pro immediately of any unauthorized use of your password or any other breach of security relating to the Site and the Services. Manager may invite other users or “Members” to collaborate on their account. Only the Manager of an account, not Members, may elect to remove User Content from the Manager’s account on the Services. Manager agrees to comply with the conditions and restrictions set forth in the Section titled “Your Responsibilities.” You shall not, and shall not attempt to, access any data of another Parley Pro account holder if you are not an authorized user under the applicable account.

Privacy Policy

Your use of this Site and the Services is governed by the Parley Pro (the "Privacy Policy").

Payment and Electronic Communications

Paid subscriptions are payable in advance for the applicable subscription period that you select. If you purchase a paid subscription, you are expressly agreeing that Parley Pro is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Parley Pro in connection with your purchase on this Site (“Charges”). The Charges will be billed to the credit card, PayPal account you provide in accordance with the billing terms in effect at the time the Charges are due and payable or directly invoiced. If payment is not received or cannot be charged to your credit card or PayPal account for any reason in advance, Parley Pro reserves the right to either suspend or terminate your access to your account and the Services offered through the Site and terminate these Terms. All purchases are non-cancellable and all charges are non-refundable.

By using the Site, you consent to receiving electronic communications from Parley Pro. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with Parley Pro and you receive them as part of your purchase. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

If you have purchased a paid subscription to the Services, your subscription will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period unless you have terminated your subscription prior to the next renewal period. You may terminate your subscription at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods but any subscription fees you have paid in advance will not be refunded.

You acknowledge and agree that Parley Pro will automatically charge your credit card or PayPal account on record with Parley Pro for the then-current subscription period upon the commencement of any renewal period.

Third Party Content

Certain information and other content appearing in advertisements or sponsorships on the Services may be the material of third party licensors and suppliers to Parley Pro ("Third Party Content"). Third Party Content does not include User Content. The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your computer solely for your personal use or business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. PARLEY PRO DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites

This Site may be linked to other sites that are not Parley Pro sites. Parley Pro is providing these links to you only as a convenience, and Parley Pro is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Your Responsibilities

. If you use software tools to import content from other sources on the Internet to create User Content, you agree that you have all necessary rights and permissions to use such content and to create the User Content using that third party content and that you will only submit and use User Content in any account that you register for or have access to in an manner that complies with all applicable laws and regulations. You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission and/or User Content that you make. You represent and warrant that: (i) you own all Submissions and/or User Content posted by you on or through this Services or otherwise have the right to grant the licenses to Parley Pro set forth in this section, and (ii) the posting of your Submissions and/or User Content on or through this Services does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions and/or User Content posted by you to or through the Services. Parley Pro shall have no obligation to pay you any fees or royalties for your Submissions and/or User Content.

YOU EXPRESSLY ACKNOWLEDGE THAT BY ALLOWING THE USE OF THE SERVICES PARLEY PRO IS NOT PROVIDING LEGAL, ACCOUNTING, TAX OR ANY OTHER PROFESSIONAL SERVICES AND THAT YOU ARE SOLELY RESPONSIBLE FOR SOLICITING ANY PROFESSIONAL ADVICE YOU DEEM NECESSARY IN THE COURSE OF USING THE SERVICES.

Unauthorized Activities

Unauthorized use of any User Content, the Services or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold Parley Pro and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Parley Pro or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party based on your submitted User Content and/or that your use of the Services or Third Party Content or the use by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. Parley Pro may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Parley Pro's discretion, Parley Pro will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site, the Services or on the Internet.

Proprietary Rights

Parley Pro is a trademark owned by Parley Pro, Inc.

Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site and the Services, including documents, Services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Parley Pro. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Copyright and Trademark Infringements

Notification: Parley Pro respects the intellectual property of others, and we ask you to do the same. Parley Pro may, in appropriate circumstances and at our discretion, terminate access to the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on the Site, please provide Parley Pro’s copyright agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Parley Pro to locate the material.
  • Information reasonably sufficient to permit Parley Pro to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Parley Pro’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By phone: 650-670-7954

By e mail:contact@parleypro.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification: If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  • A physical or electronic signature of the user.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the Services provider may be found, and that the user will accept Services of process from the person who provided notification as set forth above or an agent of such person.

Such written notice should be sent to our designated agent as follows:

By mail: 3 Ventana Ct., Emerald Hills CA 94062

By phone: 650-670-7954

By e mail: contact@parleypro.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Only the intellectual property rights owner may report potentially infringing items through Parley Pro’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

Disclaimer of Warranties

Your use of this Site and/or the Services is at your own risk. Neither the User Content, the Services or Third Party Content nor Submissions have been verified or authenticated in whole or in part by Parley Pro, and they may include inaccuracies or typographical or other errors. Parley Pro does not warrant the accuracy or timeliness of the User Content, Submissions or the Third Party Content contained on this Site. Parley Pro has no liability for any errors or omissions in the User Content, Submissions and/or the Third Party Content, whether provided by Parley Pro or our licensors.

PARLEY PRO, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS, USER CONTENT, USER SITES, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, SUBMISSIONS, USER SITES, AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, SUBMISSIONS, USER CONTENT, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PARLEY PRO DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. PARLEY PRO DOES NOT GUARANTEE ANY UPTIME OR AVAILABILITY OF THE SERVICES.

Limitation of Liability

PARLEY PRO SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY OF THE MATERIALS, USER CONTENT, OR THIRD PARTY CONTENT TO OR FROM THIS SITE OR THE SERVICES OR FROM THE USE OF THE SERVICES. IN NO EVENT SHALL PARLEY PRO BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF PARLEY PRO KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. FURTHERMORE, PARLEY PRO SHALL NOT BE LIABLE IN AN AMMOUNT MORE THAN THE FEES PAID BY YOU TO PARLEY PRO IN THE PRIOR 12 MONTHS.

Local Laws; Export Control

User Sites and/or Third Party Content may not be appropriate or available for use outside of the United States of America. If you use this Site or the Services outside the United States of America, you are responsible for following applicable local laws and regulations, including any applicable export controls laws.

Dispute Resolution and Binding Arbitration Provision

Definitions. As used in this Arbitration Provision, "Claims" means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Services. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.

Informal Efforts to Resolve Dispute. If a dispute arises between you and Parley Pro, you should first attempt to resolve it by contacting Lilian Caldeira at lilian@parleypro.com. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.

Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court's jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO YOU ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES), AND MUST FOLLOW THE LAW AND TERMS OF THIS AGREEMENT AS A COURT WOULD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THESE TERMS BY MAILING OR FAXING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICES CENTER AT 3 VENTANA CT., EMERALD HILLS CA 94062. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH US, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the AAA's rules which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, We agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.

Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") in Palo Alto, California under its rules if you are a resident of the United States; if your use of the Services has been principally for personal or household use, the AAA's Supplementary Procedures for Consumer-Related Disputes will also apply. If, however, you are a resident of a country other than the United States, the arbitration will be conducted by the AAA's International Centre for Dispute Resolution in New York, NY, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the U.S. federal court in New York, NY, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.

The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with experience in consumer and technology transactions and who is also a member of the AAA National Roster of Arbitrators. If you and we can't agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications. The AAA's rules are available at www.adr.org.

Initiating Arbitration. To begin an arbitration proceeding, you must follow the procedures specified by the applicable AAA rules as described on their website at www.adr.org.

Time Restriction. YOU MUST FILE A COMPLAINT WITH THE AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA that is the most convenient for you.

The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.

In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act.

Recovery and Attorneys' Fees. If the arbitrator rules in your favor on the merits of any Claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made to you before written submissions are made to the arbitrator, then we will (i) pay you 150% of your arbitration damages award, up to $1,000 over and above your damages award; and (ii) pay your attorneys, if any, the amount of attorney's' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. The right to attorney's' fees and expenses discussed above supplements any right to attorney's' fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys' fees or costs. If your use of the Services was principally for personal or household use, Parley Pro waives any right it may have to seek an award of attorney's' fees and expenses from you in connection with any arbitration of Claims between us.

Confidentiality. you and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of your access to or use of any Services and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.

Changes

These Terms may be changed, modified, supplemented or updated by Parley Pro from time to time. If Parley Pro makes a material change to these Terms that will affect an existing paid subscription, Parley Pro will notify you by sending an email at least thirty (30) days in advance of such change or posting a notice on your account page. If the change has a material adverse impact on you and you do not agree to the change, you must so notify Parley Pro at contact@parleypro.com within thirty (30) days after receiving notice of the change. If you notify Parley Pro as required, then you will remain governed by these Terms in effect immediately prior to the change until the end of your current subscription for the affected Services. If the affected purchased Services are renewed, it will be renewed under Parley Pro’s then current Terms. For free, trial or beta Services, Parley Pro will post a change notice on the Services and/or your account page and you will be bound by any changed, modified, supplemented or updated Terms if you choose to continue to use such free, trial or beta Services after such changes to the Terms are posted.

General

California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Parley Pro's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Parley Pro and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Parley Pro about this Site and the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Privacy Policy

Parley Pro is committed to protecting your privacy and providing you a safe online experience. This Privacy Statement applies to the Parley Pro Website, services, and its data collection and usage. By using the Parley Pro Website and services, you consent to the data practices described herein.

Collection of Personal Information

When you register through the Parley Pro Website, Parley Pro collects the following personally identifiable information: name and e-mail. The Parley Pro Website may be utilized anonymously.

Parley Pro may also automatically collect information about your computer hardware and software. This information can include: your IP address, browser type, domain names, access times and referring Website addresses. This information is used by Parley Pro for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Parley Pro Website.

Parley Pro is not responsible for the privacy statements or other content on Websites outside of the Parley Pro Website.

Use of Personal Information

Parley Pro collects and uses your personal information to operate the Parley Pro Website and deliver the services you have requested. Parley Pro may also use personally identifiable information to inform you of other products or services available from Parley Pro and its affiliates.

Parley Pro may utilize your collected personal information in one of the following ways:

  • To personalize your experience (your information helps us to better respond to your individual needs)
  • To improve our Website (we continually strive to improve our Website offerings based on the information and feedback we receive from you)
  • To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
  • To process transactions - Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
  • To send periodic emails - The email address you provide for notifications will only be used to send you information and updates pertaining to service notifications.

Disclosure to Third Parties

Parley Pro takes your privacy seriously. Parley Pro does not send personal user-level information to advertisers and/or partners. Parley Pro’s advertising partners provide contextual targeting services that solely rely on cookie-level tracking which contains no identifying information. Parley Pro does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. Parley Pro may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Information you provide in your public profile will be shown to the users as a part of your public profile.

Parley Pro does not sell, rent or lease its customer lists to third parties. Parley Pro may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party.

Parley Pro may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Parley Pro, and they are required to maintain the confidentiality of your information.

Parley Pro does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

Parley Pro keeps track of the Websites and pages our customers visit within Parley Pro, in order to maintain recently used pages or reports and to offer such services to Parley Pro users.

Parley Pro will never disclose any personal data without explicit permission from the customer, except, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Parley Pro or the site; (b) protect and defend the rights or property of Parley Pro; and, (c) act under exigent circumstances to protect the personal safety of users of Parley Pro or the public.

Protection of Personal Information

Parley Pro secures your personal information from unauthorized access, use or disclosure by implementing a variety of security measures to maintain the safety of your personal information. Parley Pro secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information is transmitted to other Websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. All supplied sensitive/credit information is transmitted via SSL. SSL certificates encrypt communication between the Parley Pro Website and your web browser, preventing others from eavesdropping.

However, Parley Pro does not ensure the confidentiality of any communications made by you through the Website. Parley Pro adheres to the accepted industry practices in securing the transmission of data to, from and through the Website, but you understand, agree and acknowledge that Parley Pro cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Website and services.

Use of Cookies

The Parley Pro Website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you register with Parley Pro, a cookie helps Parley Pro recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, etc. When you return to the same Parley Pro Website, the information you previously provided can be retrieved, so you can easily use the Parley Pro features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Parley Pro Website.

California Online Privacy Protection Act Compliance

Because Parley Pro values your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act (OPPA). Parley Pro will not distribute your personal information to outside parties without your consent, except as provided expressly herein. As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into the account link.

Children's Online Privacy Protection Act Compliance

We are in compliance with the requirements of Children’s Online Privacy Protection Act (COPPA); we do not collect any information from anyone under 13 years of age. Our Website, products and services are all directed to people who are at least 13 years of age or older.

User Consent

By using the Parley Pro Website, you consent to Parley Pro’s Privacy Policy.

Changes to this Privacy Policy

Parley Pro will occasionally update this Privacy Policy to reflect company and customer feedback. Parley Pro encourages you to periodically review the Privacy Policy to be informed of how Parley Pro is protecting your information.

DMCA Policy

If you believe that content available by means of the Website (as defined in our Terms of Use) infringes one or more of your copyrights, please notify us by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below. If Parley Pro takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Parley Pro.

Your Infringement Notice may be forwarded to the party that made the content available or to third parties such as ChillingEffects.org.

Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney. Please follow these steps to file a notice: Verify that the webpage in question is hosted by Parley Pro. We only host pages that have "parleypro.com” in their URL. Contact the listing party directly. Go to the listing post in question and send an email with your complaint to see if the matter can be resolved directly between you and the listing party. Send your complaint to our designated agent. If the issue cannot be resolved directly with the listing party, send your complaint to our designated agent at (we prefer email):

Lilian Caldeira        

lilian@parleypro.com

3 Ventana Ct., Emerald Hills CA 94062

Please include the following:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • An identification of the copyright claimed to have been infringed;
  • A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Parley Pro to find and positively identify that content; for example we require a link to the specific blog post (not just the name of the blog) that contains the content and a description of which specific portion of the blog post – an image, a link, the text, etc – your complaint refers to;
  • Your name, address, telephone number and email address; and A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) that all of the information contained in your Infringement Notice is accurate, and (c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.

Last updated: November 16, 2015

Please contact us at contact@parleypro.com with any questions regarding this Privacy Policy.

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