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1. Introduction

Parentsupportarizona.com provides parents with information and resources to help their children with learning differences, developmental disabilities and behavioral health challenges so they can succeed at school, at home and in the community.

Parent Support Arizona is an online resource where parents of kids ages 3–22 will have free, secure access to personalized information, the wisdom of other parents, and the knowledge of experts to learn how to support their children’s’ academic, behavioral, social and emotional needs.

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Text, images, and other material contained on Parentsupportarizona.com are provided for general information purposes only and are not intended to be used as a substitute for professional legal advice, specific professional diagnosis or health and medical advice. Any references on this site to products, tools, methods, services (including without limitation, medical and legal services), books, medications, treatments or individuals, or any opinions, views, information and other content contained in blogs on this site are provided for informational purposes only and are not endorsed by Parent Support Arizona.

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Any and all text, images, other material containing opinions, information, ideas and suggestions concerning legal or medical issues that appear on this site or in any items downloaded from this site, and/or in emails concerning Parent Support Arizona, are provided for general informational purposes only and may not be relevant to your specific fact situation. They are not intended as, and do not constitute, medical or legal advice from Parent Support Arizona. You should always consult your own physician, qualified health care professional and/or a qualified attorney for specific advice before making any decisions or taking any actions regarding your or your child’s health-care and/or legal options.

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2. An Agreement

When you use our website, Parentsupportarizona.com, you agree to all of these Terms, including our Privacy Policy and our Cookie Policy.  These Terms and Conditions (“Terms”) are an agreement between you and Parentsupportarizona.com, (referred to as “Parent Support Arizona”). Parentsupportarizona.com is a free resource for parents. The website, Parentsupportarizona.com, is provided to you subject to the following Terms, which you acknowledge, agree to, and consent to by using Parentsupportarizona.com. These Terms include the Parentsupportarizona.com Privacy Policy and Cookie Policy which is included therein.

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Please be sure to read our Privacy Policy so that you understand how we use certain information to enhance your user experience of our website.

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3. These Terms May Change

We may change our Terms or our rules and policies from time to time. We will tell you when we do so. If you continue to use Parentsupportarizona.com you agree to the new Terms, rules and/or policies.

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Parent Support Arizona (“we”) may change these Terms from time to time. If we do, we will post a notice on the Parentsupportarizona.com homepage, and we may, if we have your email address, email you material changes. Please periodically review these Terms. When you continue to use Parentsupportarizona.com after we have made a change to our Terms and made it available to you, you are agreeing and consenting to these changes.

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When using Parentsupportarizona.com you are subject to Parent Support Arizona’s posted rules and policies, which we may modify from time to time. These rules and policies are part of these Terms. If we provide links to other websites on Parentsupportarizona.com, those websites will have different terms and conditions.

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4. Eligibility

You must be eligible to use Parentsupportarizona.com and be 13 years or older.

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By using Parentsupportarizona.com you represent that you are not a person barred from receiving services under the laws of the United States or any of its states or any other applicable jurisdictions. You also represent that you are 13 years of age or older. If you are under age 13, please do not use, create an account with, or provide any personal information to Parentsupportarizona.com.

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5. Accessing Parentsupportarizona.com and Accounts

You do not need an account to use Parentsupportarizona.com. Some information is only available if you have an account with Parentsupportarizona.com.

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If you have an account, you will keep your password secret.

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You may use Parentsupportarizona.com without registering or signing up for an account. However, in order to access some portions and features of Parentsupportarizona.com you will be required to register with and/or sign into Parentsupportarizona.com. If you do so, you are responsible for maintaining the confidentiality of your password and screen name, and are fully responsible for all activities that occur under your password or screen name. Please immediately notify us of any unauthorized use of your password or screen name or any other breach of security by contacting us at Info@parentsupportarizona.com. Accounts are optional. You can use most of Parentsupportarizona.com without having an account.

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6. Posting Information

You can post information in public areas of Parentsupportarizona.com. You agree that the information you post won’t be offensive. Parentsupportarizona.com can remove content at any time.

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In the public areas of Parentsupportarizona.com, you and other users may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information. You are allowed to post this information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or have the potential to cause injury to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or provide other information that would mislead anyone as to who is responsible for your content. Parentsupportarizona.com may remove or edit any content that it finds offensive in any way, although it is not obligated to do so.

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You understand that if you post information in public areas, we cannot control how others may use that information.

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7. Our Intellectual Property

We or others own much of the information on Parentsupportarizona.com. The information is posted for your personal use, not for your commercial purposes.

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Parent Support Arizona and its associated logos are our trademarks and/or service marks. To the extent there are trademarks, service marks, and logos from other organizations on Parentsupportarizona.com, they are the trademarks, service marks, or logos of those organizations. You are granted no general right or commercial license with respect to any Parent Support Arizona trademarks, service marks, or logos, or of the trademarks, service marks, or logos of those other organizations.

We own, authored, created, purchased, or licensed or we shall own, author, create, purchase, or license substantially all of the materials available on or through Parentsupportarizona.com. This material may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in these materials and Parentsupportarizona.com. In exchange for your compliance with these Terms and Conditions, and our Community Member Guidelines for Parent Support Arizona which are incorporated in these Terms and Conditions by reference, we hereby grant you a limited non-assignable license to access and make personal use of Parentsupportarizona.com. Under this license you may access the materials on Parentsupportarizona.com, and download and reproduce information, including our logos, trademarks and service marks for your personal use only. You may not modify any materials or information, except with express written consent of Parent Support Arizona. This license does not permit you to sell, license, and/or make any commercial use of Parentsupportarizona.com or its contents and materials and/ or any information derived from Parentsupportarizona.com and/or its contents and materials. Failure to comply with our Terms and Conditions results in an automatic revocation of this license. If you wish to request permission for additional uses of material, logos, trademarks and service marks appearing on Parentsupportarizona.com other than those described above, you may send a written request to info@parentsupportarizona.com.

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8. Ownership Rights

In some cases we may mark our information to let you and others know of our ownership rights. You won’t alter those marks.

In order to protect Parent Support Arizona’s rights, photographs and videos made available on Parentsupportarizona.com may contain watermarks and/or be controlled by other digital rights management technologies, which will restrict how users may use the videos and photographs. You must not remove, delete, or alter any watermark or other digital rights management technology or other information, including where it is attached to a copy of a photograph or video, related to the photograph or video’s identification number, transactional terms, copyright owner, licensee, licensor, author, or date of creation or publication. Such conduct is prohibited by law.

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9. Complaints About Content and Property Rights

Let us know if you think information posted is violating someone’s property rights.

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If Parent Support Arizona determines you have posted information that may infringe upon the intellectual property rights of someone else, Parent Support Arizona may remove infringing material. Parent Support Arizona may also terminate a repeat infringer’s access to portions of Parentsupportarizona.com.

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If you have a good faith belief that your copyright is being infringed upon by any material on Parentsupportarizona.com, or if you believe your rights, or the rights of someone else, are being violated in any way by material on Parentsupportarizona.com, please send a notice to info@parentsupportarizona.com. We will work to prevent unlawful activity from taking place on or through Parentsupportarizona.com. Please see the information included below about how to notify us of copyright complaints.

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10. Procedure for Making Claims of Copyright Infringement

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If you think information on Parentsupportarizona.com is infringing on your copyright, our procedure lets you know whom you should contact and what information you should provide to us.

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To comply with the Digital Millennium Copyright Act (“DMCA”) we have adopted the policy and procedure below so we can, at our sole discretion, quickly remove infringing material and terminate a repeat infringer’s access to portions of Parentsupportarizona.com.

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If you have a good faith belief that your copyright is being infringed on by any material on the website, please send a notice of claimed infringement, including the information listed below, to Parent Support Arizona’s Designated Copyright Agent: David Jefferson at David@parentsupportarizona.com.

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To ensure compliance with DMCA guidelines, your notice must include 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 are covered by a single notification, a representative list of such works;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing URLs in the body of an email is the best way to help us locate the content quickly);

  • Information reasonably sufficient to permit us to contact you, such your address, telephone, fax, and/or an email address;

  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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11. Procedure for Making a Counter Notification

We have also instituted a counter notification policy designed to allow you to request that we replace material that has been removed. If you think we have removed information by mistake or have misidentified information as a result of a copyright infringement complaint, you can request that we replace the information. You need to follow our procedure to make that request. Whether we replace the material is at our sole discretion. If you would like to make a counter notification, you should provide information to Parent Support Arizona’s Designated Copyright Agent: David Jefferson at David@parentsupportarizona.com.

To ensure compliance with DMCA guidelines, your notice of counter notification must include the following:

  • Your physical or electronic signature;

  • An 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 you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material that was removed or disabled; and

  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Parent Support Arizona may be found, and that you will accept service of process from the person who provided the notice of claimed infringement or an agent of such person.

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Please note that information provided in these legal notices may be forwarded to the person who provided the allegedly infringing content.

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12. Prohibited Conduct

This is a list of specific things that you agree you will not do when accessing or using Parentsupportarizona.com.

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You represent and warrant that you will not use Parentsupportarizona.com to:

  • Violate any law or encourage or provide instructions to another to do so;

  • Post any content that you are not authorized to post;

  • Post any content that infringes upon or violates any patent, copyright, trade secret, or other property right of any third party;

  • Act in a manner that negatively affects other users’ ability to use Parentsupportarizona.com;

  • Post anything 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, including by engaging in any denial of service attack;

  • Exceed your authorized access to any portion of Parentsupportarizona.com;

  • Remove, delete, alter, circumvent, avoid, or bypass any watermark or digital rights management technology;

  • Use data mining, robots, screen scraping, or similar data gathering and extraction tools;

  • Collect or store personal data about anyone; or

  • Reproduce (other than as necessary to lawfully access Parentsupportarizona.com or for your own personal use), adapt, distribute, make available, communicate to the public, publicly display, or publicly perform any portion of Parentsupportarizona.com or the materials on Parentsupportarizona.com in whole or in part.

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13. Our Actions If You Breach These Terms

If you breach these Terms, we can terminate your access immediately.

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If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated.

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14. Indemnification

You will pay us for any losses you cause.

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You will indemnify and hold Parent Support Arizona harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of any violation by you of these Terms.

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15. Limitation of Liability

To the extent we can by law, we are limiting our liability to you.

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To the extent allowed by law, Parent Support Arizona shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:

  • The delay, rejection, or removal any or all information on Underestood.org at any time for any or no reason whatsoever with or without notice to you;

  • The modification or discontinuation temporarily or permanently, of Parentsupportarizona.com (or any part thereof) with or without notice to you for any or no reason whatsoever;

  • The immediate termination of your access to Parentsupportarizona.com for any or no reason whatsoever and with or without notice to you;

  • The accuracy, usefulness, or availability of any information posted to or through Parentsupportarizona.com; or

  • The loss or damage of any sort incurred by you as a result of interactions you have with any third parties, or with links to third-party websites, found on or through Parentsupportarizona.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings.

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16. Disclaimer

We hope you’ll find Parentsupportarizona.com a useful resource. We only provide information we think might be helpful. However, we disclaim any liability for the use or results of use of information available on Parentsupportarizona.com.

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YOU USE PARENTSUPPORTARIZONA.COM AT YOUR SOLE RISK. WE PROVIDE PARENTSUPPORTARIZONA.COM “AS IS” AND “AS AVAILABLE.” WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO PARENTSUPPORTARIZONA.COM SERVICES PROVIDED THROUGH PARENTSUPPORTARIZONA.COM, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR THAT OF ANY THIRD PARTY THAT YOU USE TO ACCESS PARENTSUPPORTARIZONA.COM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF PARENTSUPPORTARIZONA.COM.

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WE MAKE NO WARRANTY THAT (1) PARENTSUPPORTARIZONA.COM WILL MEET YOUR REQUIREMENTS; (2) PARENTSUPPORTARIZONA.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) PARENTSUPPORTARIZONA.COM RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIAL OBTAINED BY YOU THROUGH PARENTSUPPORTARIZONA.COM WILL MEET YOUR EXPECTATIONS; OR (5) PARENTSUPPORTARIZONA.COM, ITS SERVERS, OR COMMUNICATIONS SENT FROM PARENT SUPPORT ARIZONA WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH PARENTSUPPORTARIZONA.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

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IN NO EVENT SHALL PARENT SUPPORT ARIZONA BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INJURY TO REPUTATION, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS, EVEN IF PARENT SUPPORT ARIZONA HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. IN NO EVENT SHALL PARENT SUPPORT ARIZONA BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN THE GREATER OF $50 (U.S.) OR TEN TIMES THE AMOUNT YOU PAID TO PARENT SUPPORT ARIZONA FOR SERVICES. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

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SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT OR ARBITRATOR DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, THE LIABILITY OF THE PARENT SUPPORT ARIZONA PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

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17. Claims Against Others

If you have claims against third parties related to your use of Parentsupportarizona.com, you agree you will not include us in the dispute.

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IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF PARENTSUPPORTARIZONA.COM, OR WITH ANY PARTY WHO PROVIDES ADVERTISING ON OR THROUGH PARENTSUPPORTARIZONA.COM, OR WITH ANY PARTY WHO PROVIDES A WEBSITE LINKED TO ON PARENTSUPPORTARIZONA.COM, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU ALSO WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HER OR HIM MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU ALSO WAIVE ANY AND ALL BENEFITS AND RIGHTS THAT WOULD OTHERWISE ACCRUE TO YOU BY REASON OF THE PROVISIONS OF ANY FEDERAL OR STATE STATUTE OR PRINCIPLE OF COMMON LAW OF ANY STATE OF THE UNITED STATES, OR ANY POLITICAL ENTITY OR NATION, PROVINCE OR LOCAL LAW OR REGULATION THAT MAY GOVERN THIS RELEASE, WHICH STATUTE, REGULATION, LAW OR PRINCIPLE PROVIDES IN SUBSTANCE SOMETHING SIMILAR TO CALIFORNIA CIVIL CODE § 1542. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING RELEASE.

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18. Dispute Resolution

If we end up in a legal dispute, it will take place in Arizona, applying Arizona law.

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You agree that before you bring a case in court, you will try to mediate the claim against us and then go to arbitration.

You understand that you must file a claim against us within one year after the issue arose.

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These Terms and the relationship between you and us shall be governed by the laws of the State of Arizona, as an agreement wholly performed therein without regard to its conflict of law rules, as well as applicable federal law of the United States. These Terms are not governed by the United Nations Convention on Contracts for the Sale of Goods, which is expressly disclaimed.

If we do not satisfy your concerns regarding any alleged violation and you wish to pursue a claim against us, you agree to engage in mediation in the event that direct negotiations fail to resolve your concerns. The period for mediation shall be thirty (30) days unless the parties mutually agree to an extension. If mediation fails, the parties will arbitrate the dispute pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall take place in Arizona, before an arbitrator chosen from JAMS. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders, preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to this Agreement shall be entitled to recover associated costs, including reasonable attorneys’ fees.

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Any dispute relating in any way to your use of Parentsupportarizona.com shall be submitted to confidential arbitration pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall take place in Arizona, before an arbitrator chosen from JAMS. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders, preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to this Agreement shall be entitled to recover associated costs, including reasonable attorneys’ fees. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

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Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of Underestood.org or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

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19. Miscellaneous

You understand these Terms are the agreement between Parent Support Arizona and you.

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We can assign this agreement to an entity that takes over our business or as necessary to run our business.

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If we don’t enforce part of these Terms, we can assert our right to do so in the future.

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Certain parts of these Terms will survive even if this agreement is terminated.

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These Terms constitute the entire agreement between you and Parent Support Arizona, and govern your use of Parentsupportarizona.com.

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These Terms supersede any prior agreements between you and us with respect to Parentsupportarizona.com. You also may be subject to additional terms and conditions that may apply when you use other Parent Support Arizona websites or third-party websites.

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These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

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No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

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Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

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Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

Any waiver of any right or provision of these Terms must be in writing.

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If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

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The headings in these Terms are for convenience only and have no legal or contractual effect.

Parent Support Arizona may terminate these Terms for any or no reason at any time by notifying you through a notice on Parentsupportarizona.com, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination, the following sections will survive: (1) OUR INTELLECTUAL PROPERTY; (2) INDEMNIFICATION; (3) DISCLAIMERS; (4) LIMITATION OF LIABILITY; (5) DISPUTE RESOLUTION; (6) CLAIMS AGAINST THIRD PARTIES; (7) MISCELLANEOUS; (9) ACCESSING Parentsupportarizona.com AND ACCOUNTS;  (10) PROHIBITED CONDUCT; and (11) MISCELLANEOUS

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