TERMS AND CONDITIONS

This Website Terms and Conditions of Use Agreement (“Agreement”) is between Parenting GPS International LLC (“GPS”) and you (“User,” “You” or “Your”) and is a legal agreement between You and GPS. This Agreement is effective as of the date you access the GPS Website located at ataramalach.com (the “Site”). This Agreement states the terms and conditions under which you may use the Site. Please read this Agreement carefully before accessing and using the Site.

By accepting and agreeing to the Terms of Use, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement. If You do not accept this Agreement, do not access or use the Site. GPS may revise this Agreement at any time without notice by updating this Agreement. You should visit this web page periodically to review the Agreement. If you have questions regarding this Agreement, please email atara@ataramalach.com.

  1. Access:
    GPS hereby grants You a non-exclusive and non-transferable license to access the Site solely for viewing and browsing the information on the Site for personal and non-commercial use, subject to the terms and provisions of this Agreement. You agree to comply with the GPS Privacy Policy Notice which may be modified by GPS from time to time. Our Privacy Policy Notice can be found at www.ataramalach.com/privacypolicy.
  2. Unauthorized Use:
    You shall not copy or download the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”) or third-party content from the Site without the prior written consent of GPS. You shall not modify, reverse engineer, reproduce, display, publicly perform or distribute, including (without limitation) by framing or similar means, the Site, content or third-party content or use the Site, content or third-party content for public or commercial purposes. You shall not use the Site, content or third-party content on any other website. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions obtained through the Site for any commercial purposes.
    B. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends bulk requests to the GPS servers. Notwithstanding the foregoing, GPS grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the GPS Site, but not caches or archives of the GPS Site. GPS reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site.
  3. Creation of an Account. 
    Creation of an Account:
    In order to access some features of the GPS Site, including but not limited to purchasing our GPS products or services, You will have to create an account. By creating an account, you represent and warrant that You have a bona fide interest in our products, programs, and services. Upon creation of an account, a user password will be forwarded to the email address You provided during registration. You may not use another’s account without permission. When creating an account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify GPS immediately of any breach of security or unauthorized use of Your account. GPS will not be liable for your losses caused by any unauthorized use of Your account. However, You may be liable for the losses of GPS or others due to such unauthorized use. Upon the creation of an account, You will receive email updates of properties and other information regarding the services and products of GPS and its partners, affiliates or subsidiaries. You hereby grant GPS the right to contact you by email, and other means of communications in order for GPS to provide You with such information.
  4. Refund Policy:
    We take pride in delivering what we promise, so everything we offer has been tested and created results which will transform your relationships.
    SuperCoach/SuperMom/SuperPro Simplified /GPS products, courses, and programs are not something to check out, test drive, or “hope” they will work. Your success depends on your full commitment to practice the insights, skills, and strategies you will be discovering.
    If investing in our services, programs, and products will cause a financial hardship or create stress for you, it'll be in your best interest to consider investing at a later time.
    All purchases are non-refundable, so be sure that the material and timing are aligned with you, and will enhance your life and/or business, before committing.
    Since all sales are final, you waive any rights to chargeback your purchase with your credit card processor.
  5. Programs:
    “Deliver What We Promise” Guarantee:
    We are 100% committed to giving you tools, strategies, (and coaching if you chose those programs that include coaching), that set you up for personal success, as well as profits (if you joined a certification program), and fun! Our goal is to deliver what we promise and so much more.
    If you're on a payment plan, you agree to make all payments you have committed to. We don’t cancel payments, as this is not a membership.
  6. Payment Plan Policy:
    Our payment plans are created so clients can buy our products, join our programs, and implement the lessons immediately. We provide full support for every program since our goal is your satisfaction and success.
    Please Note:
    A. Only enroll in a payment plan if you are confident that it works for your current financial situation. If this will cause stress or hardship, please consider waiting until you can commit calmly and happily and enroll at a later time.
    B. Our payment plans consist of a specific amount and number of payments. We do not offer extensions, or adjustments.
    C. We will send courtesy reminders if your payment fails to process. Your program access will be suspended up to 30 days until payment is received. If you need or want to change your billing information, please do so before the next payment date. After 30 days, our payments manager will proceed with collection efforts which may include your account being turned over to a collections service. We hope this never needs to happen.
  7. Ownership and Title:
    Title to the Site and content (excluding third-party content and user submissions), including ownership rights to patents, copyrights, trademarks, and trade secrets in connection with the Site shall be the exclusive property of GPS.
  8. Removal of Infringing Material/Copyright Agent:
    A. GPS does not permit infringement of intellectual property rights on the Site. GPS will remove all content, and third-party content and user submissions if properly notified that such content, third-party content or user submission infringes on another’s intellectual property rights. GPS may also terminate a user’s access to the Site, at its discretion if such user has been notified of infringing activity. GPS also reserves the right to decide whether content, third-party content or a user submission is appropriate. GPS reserves the right to remove third-party content or user submissions without prior notice and at its sole discretion.
    B. If You believe that any user submission or other content or third-party content infringes upon Your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
    (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    (ii) Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue;
    (iii) 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 GPS to locate the material;
    (iv) Information reasonably sufficient to permit GPS to contact You, such as an address, telephone number, and email address;
    (v) A statement that You have 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; and
    (vi) 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.
    GPS’ designated Copyright Agent to receive notifications of claimed infringement is: Marcus Stephen Harris, Taft Stettinius & Hollister LLP, 111 E. Wacker Dr. Suite 2800, Chicago, IL 60601. E-mail: mharris@taftlaw.com. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 4(B), your DMCA notice may not be valid.
  9. Trademarks:
    GPS shall retain all rights, title, and ownership interests in the trademarks, trade names, service marks, or trade dresses of GPS (the “GPS Marks”). Excepting the GPS Marks, all other products, and company names mentioned on the Site may be the trademarks of their respective owners. These companies may or may not be affiliated with, connected to, or sponsored by GPS.
  10. No Contest:
    You acknowledge that the Site, content, and third-party content are protected under laws, including (without limitation) the United States of America and international copyright laws and treaties. Except as otherwise provided for in this Agreement, you shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks, and trade secrets (as applicable) of GPS in connection with the Site and content.
  11. Express Warranties:
    You acknowledge and agree that GPS (including officers, employees, agents, directors and independent contractors of GPS) has not made or granted to You any express warranties concerning the Site or GPS products or services. Use and performance of GPS products and services referenced on the Site are subject to GPS terms and conditions concerning such products and services as made available by GPS. You acknowledge that the Site does not constitute a grant of an express warranty concerning GPS products and services and You waive any and all claims of warranty based on the Site.
  12. Warranty Limitation:
    The GPS site is provided “as is” without warranty of any kind. GPS, to the fullest extent permitted by law, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY and warranty of non-infringement of third-party rights. GPS does not warrant and YOU waive any warranty that use of or access to the GPS by you will be uninterrupted or error-free. GPS does not make any warranty and you waive any and all warranties as to the results obtained from the use of the GPS Site or as to the accuracy, completeness, timeliness or reliability of the GPS Site. you acknowledge and agree that use of the Internet and the GPS Site shall be at your sole and exclusive risk and subject to the restrictions, terms and conditions, rules, regulations, policies, AND applicable laws governing the Internet and the GPS Site.
  13. Inaccuracies:
    You acknowledge that the Site may contain errors, inaccuracies, and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the Site.
  14. Limitation of Liability:
    GPS shall not be liable for any lost profits or consequential, exemplary, incidental, or punitive damages hereunder (including, without limitation, in connection with (i) use, performance or operation of the GPS Site; (ii) use, performance or operation of the Internet or use of the Internet by you; and (iii) loss of data, regardless of the form of action, whether in contract or in tort, including negligence, regardless of whether GPS has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable.
  15. Limitation of Damages:
    The liability of GPS for any reason and for any cause of action whatsoever in connection with this Agreement and the GPS Site, regardless of the form of action, whether in contract or in tort, including negligence, shall not exceed one hundred U.S. Dollars ($100).
  16. Indemnification:
    You agree to release, defend, indemnify, and hold harmless GPS (including its officers, directors, employees, affiliates, contractors, and agents) against any expense, loss, cost or liability (including, without limitation, attorney fees) arising from any and all claims, demands, damages, or actions resulting from or related to (i) use of the Site or the Internet by You (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the Site. Your negligence or acts (or any failure to act); or (iii) any breach by You of Your obligations under this Agreement.
  17. Export Assurance:
    You agree not to perform any act in conflict with or in violation of the export laws and regulations of the United States of America.
  18. Links:
    You acknowledge that the Site contains links to third-party websites which are provided solely as a convenience to You and do not constitute an endorsement by GPS of such websites and the third-party content found there.
  19. Entire Agreement:
    This Agreement and the GPS Privacy Policy contain the entire understanding of the parties relating to the Site, content and third-party content and supersedes all previous verbal and written agreements between You and GPS relating to the Site, content, User Submissions, and third-party content. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
  20. Amendments and Modifications:
    Excepting modifications made to the Privacy Policy by GPS and modifications made to this Agreement by GPS, any alteration, modification, or amendment of this Agreement shall be void unless such alteration, modification, or amendment is in writing and signed by an authorized representative of GPS.
  21. Severability:
    If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
  22. Governing Law:
    The Site is based in New York. This Agreement is governed by the laws of the State of New York, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction, and venue shall be in the state and federal courts in New York City, New York.
  23. User Notice:
    All notices shall be in writing. Notices to You shall be deemed delivered when delivered to You electronically, by commercial overnight delivery service, by Certified or Registered Mail – Return Receipt Requested – or by hand. Notices to User shall be deemed given on the date notice is delivered electronically or by hand to User or on the date of receipt by User (as evidenced in the case of Certified or Registered Mail by Return Receipt), whichever occurs first. Notices delivered to User electronically (including, without limitation, electronic mail) shall be deemed written notices.
  24. Notice:
    Notices to GPS (excepting notices sent pursuant to Section 5(B) above) shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail – Return Receipt Requested – or by hand to the following address: PO Box 40226, Brooklyn, NY 11204. Notices to GPS shall be deemed given on the date notice is received by GPS (as evidenced in the case of Certified or Registered Mail by Return Receipt).
  25. Equitable Remedies:
    You acknowledge and agree that damages at law will be an inadequate remedy to GPS. In addition to other rights which may be available, GPS shall have the right of specific performance, injunction or other equitable remedy in the event of a breach or threatened breach of this Agreement by You.
  26. Waiver:
    Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
  27. Public Announcements:
    All public announcements concerning the Site or the relationship of You and GPS shall be subject to the prior written approval of GPS.
  28. Litigation Expense:
    In the event of litigation or arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration.
  29. Termination:
    This Agreement may be terminated by GPS at any time without notice or cause. Any and all restrictions imposed upon You with respect to the Site and the contents of the Site and any and all disclaimers and limitations of liabilities set forth in this Agreement shall survive such termination.
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