Terms of Use
Scope and Applicability.
These Terms of Use (the "Agreement") are applicable to the Web pages,
programs, products, services, data files, written text, computer
software, music, audio files, photographs, videos or other images,
content, databases, software code and other information (collectively,
the "Services") provided by The Parable Group, Inc., a California corporation
("Parable"), on the Web site(s) accessed via the Internet
(collectively, the "Web site(s)") owned by Parable. The content
and information included in the Services are provided by Parable
and its third party clients, suppliers and service providers
(collectively, the "Information Providers"). These Services are
made available by Parable subject to the terms and conditions of this Agreement.
Agreement.
BY VIEWING THE WEB SITE(S) AND USING THE SERVICES, YOU AGREE
TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE
WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION
PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS,
PARABLE IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE
SERVICES, AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE WEB SITE(S).
Parable may modify this Agreement from time to time in its sole
discretion and without notice to you. You should review this
Agreement periodically to ensure familiarity with its then-current
terms and conditions. Your continued use of the Services shall
constitute your acceptance of this Agreement and your continued
use of the Services following any modification of this Agreement
shall constitute your acceptance of such modifications to this Agreement.
Use of the Services.
In accordance with the terms and conditions of this Agreement,
Parable grants you a non-exclusive, limited, non-transferable
license to use the Services and view the online content for your
personal, non-commercial use. The Services (and the content and
information included therein) are protected by copyright pursuant
to United States laws and international treaties and are owned or
licensed by Parable and/or the Information Provider(s) credited.
You shall abide by all copyright notices, information, or restrictions
contained in any content or information accessed through the Services.
You may not reproduce, retransmit, disseminate, sell, distribute,
perform, display, publish, broadcast, circulate, create derivative
works from, or commercially exploit the Services (including the
content and information made available through the Services), in
whole or in part, in any manner, without the prior written consent
of Parable, nor use the content or information made available through
the Services for any unlawful purpose. You may not replay for
commercial purposes video and/or audio materials available on the Web
site(s). Nothing contained in this Agreement shall be construed as
conferring any right in any copyright, trademark, or other intellectual
property of Parable to you. Violation of this policy may result in
infringement of the intellectual property and contractual rights of
Parable, the Information Providers and/or other third parties, which
is prohibited by law and could result in substantial civil and criminal penalties.
No part of these materials may be copied, reproduced, uploaded, posted, transmitted or distributed in any form or by any
means, electronic or mechanical, now known or hereafter
invented without the prior written consent of Parable.com
and/or the Information Providers. Notwithstanding the foregoing, you may print hard copies of pages from the Web site(s)
and the printable versions displayed therein for your personal, temporary, non-commercial use, provided you maintain all
copyright and other notices contained therein. No other
copying of the Web site(s), in whole or in part, is permitted
without Parable.com's prior express written authorization, which may be withheld for any reason.
To deliver the Services, it may be necessary for Parable.com
or Google's advertising management program, as may be used
on the Web site(s), to collect information about you and
your use of the Web site(s). For more information please
read the Privacy Policy posted by Parable.com on or in
connection with the Services, whose terms are incorporated
by this reference.
You agree to accept sole responsibility for: (1) any use
of Internet facilities conducted or permitted by you or
your agents, contractors, employees or other users; (2)
the conduct of any business, advertising, marketing or
sales in connection therewith; and (3) any negligent or
illegal act or omission of you or your agents, contractors, employees or other users.
When retrieving information from the Services, you are
expressly prohibited from: (1) using or attempting to use
data mining, spiders, robots, intelligent agents, or any
other similar data gathering, extraction or navigation
search methods except for a normal browser; (2) aggregating, copying or duplicating any of the materials or information
available from the site except for the small amount of
materials and information temporarily required for an ordinary
single use of the Web site; or (3) accessing data not intended
for such user.
Hyperlinks on the Web Site(s).
Parable.com may from time to time, directly or indirectly, provide hyperlinks ("links") to or, in our sole discretion, accept links from Web sites of third parties. Parable.com
does not control or maintain the material presented by
other persons in their Web sites. The inclusion of any
link on the Web site(s) does not imply an association or
relationship between Parable.com (and/or Parable) and the
person or entity sponsoring the linked site and does not
constitute or imply an endorsement, approval or sponsorship
of the linked site by Parable.com and/or Parable, or the
endorsement, approval or sponsorship of Parable.com and/or
Parable by the sponsor of the linked site. The links do
not imply legal authority to use any protected rights of
others reflected in the links. We do not vouch for or assume
any responsibility for the content, accuracy or completeness
of the material presented directly or indirectly in linked
sites. If you use any of the links, you will leave the
Web site(s).
Linking to the Web Site(s).
You may not link other sites to the Web site(s) without
prior authorization by Parable.com, which may be withheld
for any reason. In all circumstances, you may not frame
or alter the appearance of the Web site(s) or reproduce
or host content from the Web site(s) on your Web site.
Further, you may not state or imply that Parable.com or
Parable endorses, sponsors or otherwise approves your site.
You may not use any of the Parable® trademarks or logos
without prior written consent, which may be withheld for
any reason.
Submissions to Web Site(s).
All concepts, ideas, comments, manuscripts, illustrations and
all other materials disclosed or offered on or in connection
with the Web site(s) are submitted without any restrictions or
expectation of confidentiality. Parable shall not have any
financial or other obligations to you when you submit such
information, nor shall you assert any proprietary or moral
right of any kind with respect to such submissions. We shall
have the right to use, publish, distribute, transmit, download,
upload, post, display or otherwise distribute your submissions
in any manner without notice or compensation to you.
Parable does not represent or warrant that information and
content provided in connection with the Services is or will
be always up-to-date, complete, accurate or available for viewing.
The Services include facts, views, opinions and recommendations of
individuals and organizations deemed of interest. Neither Parable
nor the Information Providers guarantee the accuracy, completeness
or timeliness of, or otherwise endorses, these views, opinions or
recommendations. Parable reserves the right (but shall have no
obligation) to pre-screen, review, flag, filter, modify, refuse
or remove any content from the Web site(s). Parable will take
reasonable efforts to correct any inaccuracies that are brought
to its attention.
Parable does not represent or warrant that information and
content provided in connection with the Services is or will
be always up-to-date, complete, accurate or available for
viewing. The Services include facts, views, opinions and
recommendations of individuals and organizations deemed of
interest. Neither Parable nor the Information Providers
guarantee the accuracy, completeness or timeliness of, or
otherwise endorses, these views, opinions or recommendations.
Parable reserves the right (but shall have no obligation) to
pre-screen, review, flag, filter, modify, refuse or remove
any content from the Web site(s). Parable will take reasonable
efforts to correct any inaccuracies that are brought to its attention.
Notwithstanding the foregoing, we have no duty to edit or
review materials submitted by users. Parable and the Information
Providers give no assurances whatsoever regarding the information
or materials available on the Web site(s). If you submit any
information to the Web site(s), you agree not to: (1) post or
transmit anything that is defamatory, abusive, libelous, unlawful,
obscene, threatening, harassing, fraudulent, pornographic, or
harmful, or that could encourage criminal or unethical behavior;
(2) post or transmit any pyramid schemes, chain letters or conduct
gambling; (3) post or transmit anything that violates the copyright
or intellectual property rights of any person or entity; (4) post
or transmit a virus or any other harmful component; (5) post anything
that you know is incorrect or potentially harmful to any third party;
or (6) contact other users of the Web site(s) through unsolicited e-mail,
telephone calls, mailings or any other method of communication. Any such
materials may be removed from the Web site(s) at any time for any reason.
If, through the use of the Services, you decide to submit, enter
or transmit information or materials of any kind, you are solely
responsible for ensuring that you may do so and that such information
and materials can be accessed, used, copied, distributed and adapted
by other users of the Services (including Parable and its Information
Providers) without liability or restriction. You agree to indemnify
Parable and the Information Providers from any damage, loss, cost or
expense which may be incurred by Parable as a result of the material
you link, upload, post or transmit to the Web site(s).
Intellectual Property Rights.
Unless otherwise noted, all materials, including but not limited
to the Web site(s), all articles, text, graphics, logos, images,
illustrations, designs, icons, photographs, video clips, audio
clips, all menu pages, underlying HTML code, and software that
is part of the Web site(s), are protected under copyright laws
and are the trademarks, trade dress and/or other intellectual
properties owned, controlled or licensed by Parable, the Information
Providers, or is otherwise part of the public domain.
Without prior written consent, you may not republish, frame,
retransmit, modify or create derivative works of any material
contained in the Web site(s) on any other Web site or in
materials of any other entity. Further, the computer code
created by or for Parable to generate the Web site(s) is protected
by copyright and any copying or adapting of such code is strictly prohibited.
Termination.
In accordance with the terms and conditions of this Agreement,
Parable may discontinue or change the Services, or their availability
to you, immediately, in its sole discretion, at any time without cause.
Parable may terminate this Agreement and your access to and use of the
Services, or any portion thereof, immediately, in its sole discretion,
at any time without cause.
Disclaimer of Warranties.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT
YOUR SOLE RISK. THE SERVICES AND THE INFORMATION PRESENTED
ON THE WEB SITE(S) ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING, BUT NOT
LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
SUITABILITY, RELIABILITY, NONINFRINGEMENT, RESULT OR OUTCOME.
ANY REPRESENTATION OR WARRANTY THAT MIGHT BE OTHERWISE IMPLIED
IS EXPRESSLY DISCLAIMED BY PARABLE AND THE INFORMATION PROVIDERS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR OTHER DEVICE SUCH AS LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
ALTHOUGH THE WEB SITE MAY CONTAIN AN ELECTRONIC BULLETIN BOARD
(THE "BULLETIN BOARD"), PARABLE SHALL HAVE NO RESPONSIBILITY OR
LIABILITY FOR THE ACCURACY OF ANY OPINIONS, ADVICE, REPRESENTATIONS
OR INFORMATION POSTED ON THE BULLETIN BOARD. PARABLE RESERVES THE
RIGHT (BUT SHALL NOT HAVE AN OBLIGATION) TO REMOVE POSTINGS THAT IT
DEEMS INAPPROPRIATE OR OFFENSIVE; PROVIDED, HOWEVER, PARABLE BEARS
NO RESPONSIBILITY FOR THE CONTENT ON THE WEB SITE(S), ANY THIRD
PARTY'S RELIANCE THEREON, OR THE IMPROPER USE OF THE WEB SITE(S)
BY ANY THIRD PARTY, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,
VIOLATIONS OF APPLICABLE ANTI-SPAMMING LAWS OR ANY VIOLATION OF
ANY LAWS AND STATUTES REGULATING THE USE OF INTERNET WEB SITES,
POSTING INFORMATION THAT CONTAINS VULGAR OR QUESTIONABLE LANGUAGE,
THAT MAY BE ILLEGAL UNDER FEDERAL OR STATE LAWS, OR MAY BE ILLICIT,
INDECENT OR PORNOGRAPHIC IN NATURE.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, NEITHER PARABLE NOR ANY
OF THE INFORMATION PROVIDERS, MANAGERS, MEMBERS, SUBSIDIARIES,
AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES,
ACCESS TO OR INABILITY TO ACCESS THE SERVICES, USE OF OR RELIANCE ON
THE INFORMATION IN OR THROUGH THE SERVICES, OR RESULTING FROM THE USE
OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL, BUSINESS REPUTATION,
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER
INTANGIBLE LOSS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NEITHER PARABLE NOR ANY OF THE INFORMATION PROVIDERS,
SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE TO YOU OR OTHERS FOR
LIABILITY OR DAMAGES UNDER CONTRACT OR TORT THEORIES OR ANY DAMAGES
CAUSED BY VIRUSES, "TROJAN HORSES," "WORMS," "TIME BOMBS," OR ANY
OTHER DAMAGING COMPUTER PROGRAMMING ROUTINES OR ENGINES CONTAINED
WITHIN ELECTRONIC FILES OF THE WEB SITE(S) OR ANY LINKED SITE,
REGARDLESS OF PRIOR NOTICE TO PARABLE OR THE INFORMATION PROVIDERS.
IN NO EVENT SHALL PARABLE BE LIABLE FOR DAMAGES TO YOU OR ANY THIRD
PARTY FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES.
Limitation of Claims.
Unless statute mandates a lesser period, any action on any claim
against Parable and/or the Information Providers must be filed by
the user within one (1) year following the date the claim first
accrued or it shall be deemed waived.
Privacy Policy.
For information about our data protection practices, please read
our Privacy Policy as posted on the Web site(s). This policy
explains how Parable treats your personal information and protects
your privacy when you use the Services. In using the Services,
you agree to the use of your data in accordance with our Privacy Policy.
Advertisements.
Some of the Services are supported by advertising revenue and may
display advertisements and promotions in connection with Google's
advertising management system. These advertisements may be targeted
to the content of information stored on the Services, queries made
through the Services or other information. The manner, mode and
extent of advertising on the Services are subject to change without
specific notice to you. In consideration for Parable granting you
access to and use of the Services, you agree that Parable or Google's
advertising management system may place such advertising on the Services.
Copyright Agent.
Parable will, in appropriate circumstances, remove from the Web site(s)
information that might infringe the intellectual property rights of others.
If you believe your work has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring on the Web site(s)
or on sites to which the Web site(s) link, you must provide our Copyright
Agent with notice, including substantially the following:
- (i)A physical or electronic signature of the person authorized
to act on behalf of the owner of the copyright interest that is
allegedly infringed;
- (ii)A description of the copyrighted work or works that
you claim have been infringed and an identification of what material
in such work(s) is claimed to be infringing and which you request to
be removed from the Web site. If multiple copyrighted works are
covered by a single notification, a representative list of such works must be provided;
- (iii)Identification of the location on the Web site of
the allegedly infringing material(s) reasonably sufficient to
permit Parable to locate the material(s);
- (iv)Information reasonably sufficient to permit us
to contact you, including your physical address, telephone
number, fax number and, if available, your direct email address;
- (v)A statement by you that you have a good faith belief
that the use of the material(s) in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and
- (vi)A statement by you that the information in your
notice is accurate, and under penalty of perjury, that you are
the copyright owner or authorized to act on the copyright owner's behalf.
Notice of copyright infringement should be mailed to Parable's
Copyright Agent at the following address:
By mail:
Frankie Conway/Copyright Agent
c/o The Parable Group, Inc.
102 Cross Street, Suite 210
San Luis Obispo, CA 93401
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE
THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES
COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING
ON THE WEB SITE OR ON SITES LINKED TO FROM THE WEB SITE(S).
ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL
NOT RECEIVE A RESPONSE.
Additional Disclosures and Information.
Excluding any services provided to you by Parable, under a separate
written agreement, this Agreement together with Parable's Privacy
Policy constitute the entire agreement between you and Parable
regarding the use of Services appearing on the Web site(s) and
supersede any and all previous and contemporaneous oral and written
agreements between you and Parable regarding your use of the Web site(s) and/or the Services.
The Web site(s) (excluding linked sites) are controlled by Parable
from its offices within the State of California, U.S.A. By accessing
the Web site(s), you and Parable agree that all matters relating to
your access to, or use of, the Web site(s) shall be governed by the
statutes and laws of the State of California, without regard to
conflicts of laws principles. You and Parable also agree and hereby
submit to the exclusive personal jurisdiction and venue of the Superior
Court of San Luis Obispo County and the United States District Court
for the Central District of California with respect to such matters.
Parable makes no representation that the Services (and the content
and information included therein) are appropriate for use in other
locations. Those who choose to access the Services from locations
outside California shall be responsible for compliance with local
laws, if and to the maximum extent local laws may be applicable.
Notwithstanding the foregoing, you agree that Parable shall still
be allowed to apply for injunctive relief (or an equivalent type
of urgent legal relief) in any jurisdiction.
If, for any reason, a court of competent jurisdiction finds any
provision of this Agreement, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible
so as to effect the intent of Parable as reflected by that provision,
and the remainder of this Agreement shall continue in full force and
effect. Any failure by Parable to enforce or exercise any provision
of this Agreement or related rights shall not constitute a waiver of
that right or provision. The headings used in this Agreement are
inserted only for convenience and ease of reference and are not to
be considered in the construction or interpretation of any provision of this Agreement.
Parable may make changes to these Terms of Use from time to time.
When these changes are made, Parable will post a new copy of the
Terms of Use on the Web site(s). You understand and agree that
if you use the Services after the date on which the Terms of Use
have changed, Parable will treat your use as acceptance of the
updated Terms of Use.
For additional information about the Web site(s) or the Services,
please contact us using the e-mail form available on the "Contact
Us" page of the Web site(s).
Effective Date: January 8, 2013