Parent Terms of Service
Last updated: April 28, 2026
Welcome to PostPartners. PostPartners, Inc. ("PostPartners," "we," "our," or "us") provides a platform that connects individuals seeking postpartum care services ("Parents" or "you") with independent postpartum care providers ("Providers"). We make this platform and all software, services, content, and materials related to this platform or made accessible to you in connection with our platform, products, or services (collectively, our "Service") available for your use subject to the terms and conditions in these Parent Terms of Service (the "Terms"). By accessing or using our Service in any way, including, without limitation, by clicking "I accept" when presented with these Terms in connection with the Service, you agree to be bound by these Terms. If you do not accept any of the terms of these Terms and/or you do not meet or comply with its provisions, you may not use our Service.
IMPORTANT NOTICE: YOUR USE OF OUR SERVICE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 8 OF THESE TERMS, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. PLEASE CAREFULLY REVIEW SECTION 8 OF THESE TERMS FOR MORE INFORMATION.
1. SERVICE
1.1 Grant of License. On the condition that you comply with all of your obligations under these Terms, and subject to any additional terms which we may present to you regarding certain features or functions of the Service or in any third-party licenses applicable to our Service, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use our Service. We reserve all rights not otherwise expressly granted by these Terms. If you do not comply with these Terms, we reserve the right to revoke any license granted in these Terms and limit your access to our Service. Any use of our Service that exceeds the rights expressly granted in these Terms is strictly prohibited and constitutes a violation of these Terms, which may result in the termination of your right to access and use our Service. Any third-party software included in our Service is licensed subject to the additional terms of the applicable third-party license.
1.2 Modification. We may discontinue or alter any aspect of our Service, restrict the time our Service is available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to our Service without prior notice or liability to you. Your only remedy is to discontinue using our Service if you do not want a modification we make to our Service.
1.3 Removal of Access. Your access to our Service is provided on a temporary basis with no guarantee of future availability or continued right to access. You agree that we may immediately suspend or terminate your access to our Service or any part thereof for any reason, in our reasonable discretion. Cause for such measures include, without limitation: (a) breach or violation of these Terms, or other incorporated agreements or guidelines; (b) discontinuance or material modification to our Service; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; or (e) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.
1.4 Defects and Availability. We use commercially reasonable efforts to maintain our Service, but we are not responsible for any defects or failures associated with our Service, any part thereof, or any damages (such as consequential or indirect damages) that may result from any such defects or failures. Our Service may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which we may undertake from time to time; or (c) causes beyond our reasonable control or which we could not reasonably foresee. You understand that our Service is provided over the Internet, so the quality and availability of our Service may be affected by factors outside of our control. Our Service is not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of our Service. We will not be liable to you or any third party for damages or losses related to our Service being unavailable.
1.5 Restrictions. You may not: (a) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of our Service in any way; (b) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which our Service is based; (c) use our Service or PostPartners Materials to develop a competing service or product; (d) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of our Service; (e) decrypt, transfer, create Internet links to our Service, or "frame" or "mirror" our Service on any other server or wireless or Internet-based device; (f) use or merge our Service or any component thereof with other software, databases, or services not provided or approved by us; (g) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to our Service; (h) use our Service for unlawful purposes; (i) develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with our Service; (j) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on our Service; (k) access or attempt to access any other user's account; (l) use any PostPartners Materials in any manner that misappropriates any trade secret or infringes any intellectual property right of any party; (m) introduce into our Service any virus, rogue program, Trojan horse, worm or other malicious code; (n) introduce any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically; (o) delete, modify, hack, or attempt to change or alter our Service, PostPartners Materials, or notices on our Service; (p) connect to or access any PostPartners computer system or network other than our Service; or (q) impersonate any other person or entity to use or gain access to our Service.
2. MATERIALS AND DATA ON OUR SERVICE
2.1 PostPartners Materials. Our Service may include or provide access to content and materials made available by or on behalf of PostPartners, including its design, functionality, features, software, text, graphics, images, and other materials (collectively, the "PostPartners Materials") whether or not protected by intellectual property laws. You are not acquiring any rights in or to the PostPartners Materials other than a non-exclusive right to access and use the PostPartners Materials solely in accordance with these Terms and solely in connection with your personal use of our Service.
2.2 User Content License. Our Service includes features that allow you to upload, submit, store, or send data, information or content through our Service (collectively, "User Content"). By submitting User Content to our Service, you grant PostPartners a transferable, nonexclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sublicense through multiple tiers, dispose of, assign, create derivative works of, and compilations incorporating User Content for the purposes of: (a) providing our Service, and (b) carrying out other lawful business purposes, including but not limited to the creation of aggregated and de-identified data derived from User Content. We reserve the right to remove User Content from our Service at any time and for any reason without notification to you. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF, OR ANY ACTIVITIES ASSOCIATED WITH, USER CONTENT THAT YOU POST OR PROVIDE THROUGH OUR SERVICE.
2.3 User Content Restrictions. You may not upload, post, or transmit any User Content that: (a) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of PostPartners or any third party; (b) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (c) violates any applicable law, statute, ordinance, or regulation; (d) puts in jeopardy the security of your account, PostPartners or our Service; or (e) promotes or displays pornography, violence, racial intolerance, profanity, or illicit drugs and drug paraphernalia. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all User Content from the Service.
2.4 Feedback. We welcome your comments, feedback, information, or materials regarding our Service or any of our other products or services (collectively, "Feedback"). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you.
2.5 Links; Third Party Materials. Our Service may include links to other websites or resources on the Internet, or utilize content of other third parties (collectively, "Third Party Materials"). Because we have no control over Third Party Materials, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Materials. We strongly encourage you to review any separate terms of use and privacy policies governing use of these third party websites and Third Party Materials.
2.6 Ownership of Intellectual Property. PostPartners or its licensors exclusively own all right, title and interest in and to our Service, the PostPartners Materials, and Feedback, including but not limited to, all ideas, inventions, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, service marks, logos and icons displayed or related therein or thereto (collectively, "PostPartners IP"). Except as expressly provided herein, you have no right, license, or authorization with respect to any of the PostPartners IP.
3. ACCOUNTS
3.1 Eligibility. YOU MUST BE AT LEAST AGE EIGHTEEN (18) TO USE OUR SERVICE. BY ACCESSING, USING AND/OR SUBMITTING INFORMATION TO OR THROUGH OUR SERVICE, YOU REPRESENT THAT YOU ARE NOT YOUNGER THAN AGE 18. IF YOU ARE THE PARENT OR LEGAL GUARDIAN AND CONSENT TO YOUR MINOR CHILD'S ACCESS TO AND USE OF OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF YOURSELF AND YOUR MINOR CHILD.
3.2 Registration. Access to our Service requires you to be registered with us via a PostPartners-generated registration process. This process will require you to provide certain requested information (which may include personal information) that may also constitute User Content hereunder. At such time, you will be provided with an account and login information, including a username and password to successfully complete the registration process. You are the only person authorized to access and use your account. You may also register by linking your account with a Third-Party Account, as described in more detail in Section 3.3.
3.3 Third-Party Accounts. The Service will provide you with the ability to link your account with certain third-party accounts ("Third-Party Accounts"), by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breach of any of the terms and conditions that govern your use of the applicable Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY SUCH THIRD-PARTY SERVICE PROVIDERS.
3.4 Unauthorized Use and Information Changes. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant you a particular username for any reason, including, without limitation, if we have reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
3.5 Storing Credentials. Our Service may allow you to store your login credentials in your web browser or in our mobile app or on your Mobile Device so that you can be automatically logged in each time you access our Service. If someone else has access to your computer, web browser or mobile device, the automatic login feature will allow that person to have access to your account. You are responsible for any damages to PostPartners or our Service resulting from unauthorized access to our Service from your account.
3.6 Mobile Use. Your contract with your mobile network provider ("Mobile Provider") will continue to apply when accessing or using our Service on your mobile device ("Mobile Device"). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using our Service. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.
3.7 Mobile Applications.
3.7.1 Application License Grant. Subject to your compliance with this Agreement, PostPartners grants you a limited, non-exclusive, non-transferable, revocable license to download, install and/or use a copy of the Service on a single mobile device that you own or control. Furthermore, with respect to any Service accessed through or downloaded from the Apple App Store, Google Play, or any similar store or marketplace authorized by PostPartners (each, an "App Store"), you agree to comply with all applicable third party terms of the relevant App Store when using the Service.
3.7.2 App Stores. If you downloaded the Service from an App Store, you acknowledge and agree that the availability of the Service is dependent on the App Store from which you received the Service. You acknowledge that this Agreement is between you and PostPartners and not with the App Store. The App Store is not responsible for the Service (including Service-related content, maintenance, support, and warranty) or addressing any claims relating to the Service.
3.7.3 Warranty Claim. In the event of any failure of the Service to conform to any applicable warranty, you may notify the applicable App Store and obtain a refund of any fees charged for the Service (if any). To the maximum extent permitted by applicable law, the App Store will not have any warranty obligation whatsoever with respect to the Service.
3.7.4 Accessing and Downloading the Service from the Apple App Store. If you download the Service from the Apple App Store, the following additional terms shall apply: (a) The Agreement is concluded between you and PostPartners only, and not Apple, and PostPartners, not Apple, is solely responsible for the Service and content thereof; (b) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service; (c) In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you; (d) Apple is not responsible for addressing any claims you have relating to the Service, including product liability claims, legal compliance claims, or intellectual property infringement claims; (e) In the event of any third-party claim that the Service infringes that third party's intellectual property rights, PostPartners, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim; (f) Apple, and Apple's subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the Service.
4. COMMUNITY GUIDELINES
4.1 User Interactions. The Service may include features that allow you to communicate with other Parents and Providers, including messaging, reviews, and ratings. You acknowledge and agree that: (a) you are solely responsible for your communications and interactions with other Parents and Providers; (b) PostPartners does not control, endorse, or assume responsibility for any communications; (c) PostPartners may, but is not obligated to, monitor, review, record, or remove communications or content submitted through the Service; (d) you will not use these features to engage in unlawful, harmful, or inappropriate conduct; (e) any reliance on communications or content provided by other Parents or Providers is at your own risk; and (f) you will not submit reviews or make communications that are false, misleading, defamatory, or abusive.
4.2 Bookings and Cancellations. The Service may allow you to book appointments or services with Providers. By using these features, you agree to act in good faith and respect the time and commitments of Providers. In particular, you agree that: (a) you will provide accurate and complete information when making a booking; (b) you will attend scheduled appointments on time or provide reasonable advance notice if you need to cancel or reschedule; (c) you will comply with any applicable cancellation or rescheduling policies presented at the time of booking; (d) repeated cancellations, no-shows, or other unreliable behavior may result in restrictions on your ability to use the Service; and (e) PostPartners reserves the right to monitor booking activity and take appropriate action, including limiting or suspending access to the Service, in cases of misuse or abuse.
4.3 Virtual Visits. The Service may include features that enable you to participate in virtual visits or video-based interactions with Providers. You acknowledge and agree that: (a) PostPartners does not provide medical care or supervise any services delivered during virtual visits; (b) you are solely responsible for your participation in virtual visits and for any decisions or actions you take based on such interactions; (c) PostPartners does not control and is not responsible for the content of any virtual visits; and (d) you will comply with all applicable laws in connection with virtual visits, including obtaining any necessary consents prior to recording or sharing any such interactions.
5. REPRESENTATIONS
5.1 Representations. You hereby represent and warrant that: (a) you are at least the age of 18 and have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to us is truthful, accurate and complete; (c) you will comply with the terms and conditions of this Agreement and any applicable laws in your use of the Service; (d) you will provide and maintain accurate and complete information with us, including your legal name, email address, and any other information we may reasonably require; (e) you will immediately notify us in the event that you learn or suspect that the contact information you provided to us has been disclosed or otherwise made known to any other person; (f) your User Content does not violate the rights of any third party; (g) you are solely responsible for your interactions with Providers and other Parents and you assume all risk arising from such interactions; (h) you understand that PostPartners does not provide healthcare and you are responsible for your decisions regarding care for yourself and your child; and (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country.
5.2 Feedback Representations. In the event you provide any Feedback via our Service, you hereby additionally represent and warrant that: (1) you are the owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback; (3) the Feedback does not violate the rights of any third party; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.
6. BOOKING AND PAYMENT
6.1 Payment and Billing. When you book a Provider through the Service, you will be required to provide information regarding your credit card or other payment instrument ("Payment Method"). You represent and warrant that such information is true and that you are authorized to use the Payment Method. You hereby authorize us through our third-party payment processor to bill your Payment Method. By providing a Payment Method, you may authorize us to keep such Payment Method on file and charge you the fees, charges, or other amounts related to your booking. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to charge you for any Service purchased, and you will remain responsible for any uncollected amounts. Unless otherwise provided by law, you must still pay any disputed charges until the dispute is resolved.
6.2 Taxes. As applicable, you are responsible for, and agree to pay, all taxes, fees, and surcharges set by any governmental agency or taxing authority. You agree to indemnify and hold us harmless for any liability for tax in connection with the purchase of Services.
7. DISCLAIMERS OF WARRANTY
7.1 SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION OR CONTENT FOUND ON OUR SERVICE WILL BE ACCURATE OR RELIABLE. POSTPARTNERS WILL HAVE NO LIABILITY REGARDING ANY LOSS OF DATA.
7.2 CONTENT. ANY CONTENT OR OTHER MATERIALS, INCLUDING THIRD PARTY CONTENT OR MATERIALS, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7.3 "BETA" FEATURES. IF YOU HAVE BEEN DESIGNATED AS A BETA TESTER FOR OUR SERVICE, OR IF WE DESIGNATE A FEATURE AS "BETA", "PRE-RELEASE", OR ANY SIMILAR TERM, FROM TIME TO TIME, POSTPARTNERS MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY'S SOLE DISCRETION AND WITHOUT LIABILITY TO YOU.
7.4 NO MEDICAL ADVICE. YOU AGREE THAT THE SERVICES ARE INTENDED TO CONNECT PARENTS WITH INDEPENDENT POSTPARTUM CARE PROVIDERS. THE SERVICE IS NOT INTENDED IN ANY WAY TO ELIMINATE, REPLACE OR SUBSTITUTE FOR A PHYSICIAN'S MEDICAL JUDGMENT AND ANALYSIS OF YOU OR YOUR CHILD. YOU SHOULD CONSULT A MEDICAL PROFESSIONAL FOR ANY MEDICAL ADVICE, DECISIONS OR ACTIONS REGARDING YOU OR YOUR CHILD'S MEDICAL CARE. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY MEDICAL ADVICE, DECISION, OR ACTION TAKEN BY YOU OR YOUR HEALTHCARE PROVIDER.
ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICE, INCLUDING PROVIDER PROFILES, COMMUNICATIONS, REVIEWS, OR OTHER CONTENT, IS FOR INFORMATIONAL PURPOSES ONLY. PROVIDERS ARE INDEPENDENT THIRD PARTIES AND ARE NOT EMPLOYEES, AGENTS, OR REPRESENTATIVES OF POSTPARTNERS. POSTPARTNERS DOES NOT ENDORSE, RECOMMEND, OR GUARANTEE ANY PROVIDER OR THE QUALITY, SAFETY, OR OUTCOME OF ANY SERVICES PROVIDED. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS AND ACTIONS REGARDING YOUR CARE AND THE CARE OF YOUR CHILD.
8. INDEMNITY; LIMITATION OF LIABILITY
8.1 Indemnity. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS POSTPARTNERS, OUR AFFILIATES, AND ALL OF THEIR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, SERVICE PROVIDERS, LICENSORS, AND AGENTS (COLLECTIVELY, "RELEASED PARTIES") FROM AND AGAINST ANY AND ALL FIRST-PARTY AND THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, OR EXPENSES, INCLUDING ATTORNEY'S FEES AND COSTS AND EXPENSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR USE OF OUR SERVICE, (B) YOUR VIOLATION OF THESE TERMS, (C) ANY USER CONTENT YOU PROVIDE THROUGH OUR SERVICE, (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY, AND (E) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.
8.2 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OR OTHERWISE FOR LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, PERSONAL INJURY, DEATH, OR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH OUR SERVICE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICE. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO FIFTY DOLLARS ($50.00 USD).
8.3 Terms Applicable to New Jersey Consumers. No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (a) negligence, (b) products liability claims, (c) the punitive damages laws, (d) the New Jersey Uniform Commercial Code, or (e) failure to reasonably protect against harm arising from certain criminal acts of third parties. The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.
9. DISPUTE RESOLUTION AND GOVERNING LAW
9.1 Governing Law. These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of New York without reference to its conflicts or choice of law principles. Any arbitration or court proceeding will take place in New York City, New York. You hereby consent to the exclusive jurisdiction and venue of the state or Federal courts in New York City, New York.
9.2 Dispute Resolution. You and PostPartners agree that any and all disputes, claims or controversies arising out of or relating to your use of or access to our Service or PostPartners Materials, these Terms or the breach, termination, enforcement, interpretation, or validity of these Terms (each, a "Dispute"), except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST POSTPARTNERS.
9.3 Informal Resolution. To the extent feasible, the parties desire to resolve any Dispute through discussions and negotiations between each other. Before commencing any arbitration or suit, each party agrees to send to the other party a written Notice ("Notice"). Any Notice to PostPartners should be sent by mail to 600 3rd Avenue – 42nd Floor, New York, NY 10016, Attn: David Cykiert, Esq. The Notice must: (a) include your name; (b) provide detailed information sufficient to evaluate the merits of the claiming party's individualized claim; and (c) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages.
9.4 Binding Arbitration. If you and PostPartners are unable to resolve a Dispute through informal negotiations, either you or PostPartners may elect to have the Dispute finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") available at www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator's decision and judgment thereon will not have a precedential or collateral estoppel effect.
9.5 Confidentiality of Proceedings. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law.
9.6 Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis.
9.7 Opt-Out. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 9 by emailing us at legal@hellopostpartners.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration.
9.8 Waiver of Rights. You hereby agree that you understand the consequences of agreeing to binding arbitration under this Section, including giving up any constitutional rights to have the Dispute determined by a court of law or by a jury; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding.
10. MISCELLANEOUS
10.1 Term. These Terms are effective upon your acceptance and will continue in full force until terminated by you or us. You may terminate these Terms at any time by immediately discontinuing all access to our Service. We reserve the right to terminate these Terms at any time and for any reason without prior notice to you.
10.2 Consent to Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures or other documents. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law.
10.3 Equitable Relief. You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to us which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of these Terms.
10.4 Entire Agreement. These Terms and any hyperlinked policies and procedures constitute the entire agreement between you and PostPartners with respect to the subject matter hereof and supersede all prior agreements, both oral and written. We may revise and update these Terms from time to time, and will post the updated Terms to our Service. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THESE TERMS, ANY CHANGES TO THESE TERMS WILL APPLY IMMEDIATELY UPON POSTING.
10.5 Waiver; Severability. Our failure to enforce any provision of these Terms will not be deemed to be a waiver of our right to enforce them. If any term or provision of these Terms will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of these Terms will remain in full force and effect.
10.6 Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under these Terms to any other person without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of these Terms. We may assign these Terms or delegate or subcontract our obligations under these Terms at any time.
10.7 Survival. The provisions of these Terms that by their content are intended to survive the expiration or termination of these Terms, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of these Terms, will survive the expiration or termination of these Terms for their full statutory period.
10.8 Contact Us. Submit your questions through legal@hellopostpartners.com.