TERMS OF USE

Effective and Last Updated: June 14, 2010

Please Read Carefully Before Using This Website:

Dear Bad Dad, LLC maintains this site for entertainment purposes. This webpage contains the Terms of Use governing your access to and use of http://dearbaddad.com (the "Website" or "Site"). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.

1. Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE. Your use of the Website will be deemed to be acceptance of the Terms of Use. IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. Changes To Terms
Dear Bad Dad, LLC may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction
The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Dear Bad Dad, LLC makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited. E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that:

(i) are defamatory, threatening, obscene or harassing,
(ii) contain a virus, worm, Trojan horse or any other harmful component,
(iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or
(iv) otherwise violate any applicable laws.

Dear Bad Dad, LLC shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Dear Bad Dad, LLC is strictly prohibited.

5. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include Dear Bad Dad, LLC's copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Dear Bad Dad, LLC. Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Dear Bad Dad, LLC. You may not use a part of this Website on any other Website, without Dear Bad Dad, LLC's prior written consent. Dear Bad Dad, LLC respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at contact [at] dearbaddad dot com

6. Links
For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, Dear Bad Dad, LLC does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to Dear Bad Dad, LLC's website and the products and services Dear Bad Dad, LLC offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Dear Bad Dad, LLC reserves the right to terminate any link or linking program at any time. Dear Bad Dad, LLC disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites. You may not link to this Website without Dear Bad Dad, LLC's written permission. If you are interested in linking to this Website, please contact contact [at] dearbaddad dot com

7. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to Dear Bad Dad, LLC that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

8. Spamming
Gathering email addresses or Twitter account information from Dear Bad Dad, LLC through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Dear Bad Dad, LLC should be directed to contact [at] dearbaddad dot com

9. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH DEAR BAD DAD, LLC EXPRESSLY DISCLAIMS. DEAR BAD DAD, LLC DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND DEAR BAD DAD, LLC WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. DEAR BAD DAD, LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY DEAR BAD DAD, LLC. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the State of California, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

11. Separate Agreements You may have other agreements with Dear Bad Dad, LLC. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Dear Bad Dad, LLC.

12. DMCA Copyright Policy and Copyright Agent Dear Bad Dad, LLC respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

(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.
(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.
(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(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.

The Site's Copyright Agent can be reached at contact [at] dearbaddad dot com

13. No Professional Advice
The information available on the Website is intended to be entertainment regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting, family therapy, psychiatric, or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

14. Users Disputes
You are solely responsible for your interactions with other Users. Dear Bad Dad, LLC reserves the right, but has no obligation, to monitor disputes between you and other Users.

15. User Submissions And Communications; Public Areas
You acknowledge that you own, are solely responsible for or otherwise control all of the rights to the content that you submit and/or post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Dear Bad Dad, LLC or its affiliates for all claims resulting from content you supply. If you make any submission to an area of the Website accessed or accessible by the public ("Public Area") or if you submit any business information, idea, concept or invention to Dear Bad Dad, LLC by email or Twitter, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Dear Bad Dad, LLC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Dear Bad Dad, LLC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Dear Bad Dad, LLC by email, Twitter or Facebook. We will try to answer all emails, Twitter tweets and Facebook posts in a timely manner, but cannot guarantee that all will be answered. Some of the User comment areas on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Dear Bad Dad, LLC has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum. Dear Bad Dad, LLC reserves the right (but is not obligated) to do any or all of the following: (a) Record the dialogue in public chat rooms. (b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s). (c) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use. (d) Terminate a Member's access to any or all Public Areas and/or the Dear Bad Dad, LLC Site upon any breach of these Terms of Use. (e) Monitor, edit, or disclose any communication in the Public Areas. (f) Edit or delete any communication(s) posted on the Dear Bad Dad, LLC Site, regardless of whether such communication(s) violate these standards. Dear Bad Dad, LLC reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Dear Bad Dad, LLC has no liability or responsibility to users of the Dear Bad Dad, LLC Website or any other person or entity for performance or nonperformance of the aforementioned activities.

16. Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Dear Bad Dad, LLC confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in California, USA. All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

17. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. DEAR BAD DAD, LLC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF DEAR BAD DAD, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Dear Bad Dad, LLC. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

18. Indemnity You agree to defend, indemnify, and hold Dear Bad Dad, LLC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use. Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at contact [at] dearbaddad dot com

PRIVACY POLICY

Effective and Last Updated: June 14, 2010

Please Read Carefully Before Using This Website:

Dear Bad Dad, LLC maintains this site for entertainment purposes. This webpage contains the Privacy Policy governing the gathering, sharing and retention of user information on http://dearbaddad.com (the "Website" or "Site"). If you do not accept this Privacy Policy or you do not meet or comply with its provisions, you may not use the Website.

We are committed to protecting the privacy of our visitors while they interact with the content, products and services on the Site.  This Privacy Policy applies to the Site only. It does not apply to other websites to which we link.  Because we gather certain types of information about our users, we want you to understand what information we collect about you, how we collect it, how that information is used, and how you can control our disclosure of it. You agree that your use of the Site signifies your assent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the Site.

1.  Information Collected
We collect two types of information from you: i) information that you voluntarily provide to us (e.g. through user submissions, comments, emails, Twitter tweets and/or Facebook posts); and ii) information that is derived through automated tracking mechanisms.

• Voluntary Information for Services and Features
We collect personally identifiable information when you choose to use certain features of the Site, including: i) submitting questions or information using the "Ask Dear Bad Dad" submission form which collects your name (required), email address (required), Twitter account name (optional), city and state of residence (optional), and question (required), ii) commenting on blog posts and articles, which collects your name (required), email address (required) and website domain (optional), and others.  When you choose to use these features, we require you to provide your name and email address.  Occasionally, we may also request information such as your Twitter account name, mailing address, telephone number and/or demographics which will help us better serve you and our others users in the future.

• Cookies
Our site uses "cookies" and other tracking technologies.  Cookies enable us to serve secure pages to our users without asking them to sign in repeatedly.  Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.

You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, you will need to re-enter your original user ID and password to gain access to certain parts of the Site.

2.  How We Use Your Information
Dear Bad Dad, LLC only uses your personal information for the original purposes it was given. Your personal information will not be sold or otherwise transferred to unaffiliated third parties without your approval at the time of collection.

Dear Bad Dad, LLC will not disclose, use, give or sell any personal information to third parties for any purposes other than to our suppliers and other third parties who need to know in order to deliver services on behalf of Dear Bad Dad, LLC unless required to do so by law. Further, Dear Bad Dad, LLC reserves the right to contact you regarding matters relevant to the underlying service provided and/or the information collected.

Please note that personally identifiable information is used only to provide you with a more enjoyable, convenient online experience and to help us identify and/or provide information, products or services that may be of interest to you. We use your personally identifiable information to support and enhance your use of the Site and its features, including without limitation: providing customer service and otherwise supporting your use of the Site.

Dear Bad Dad, LLC may use your personal information for target advertising toward you based on things such as region, gender, interests, goals, habits, etc.

We may permit certain trusted third parties to track usage, analyze data such as the source address that a page request is coming from, your IP address or domain name, the date and time of the page request, the referring Web site (if any) and other parameters in the URL. This is collected in order to better understand our Web site usage, and enhance the performance of services to maintain and operate the Site and certain features on the Site. We may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders.

Also, we may share personally identifiable or other information with our parent, subsidiaries, divisions, and affiliates.

We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.

Dear Bad Dad, LLC may disclose Contact Information in special cases where we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms and conditions of use or may be causing injury or interference with our rights, property, our customers or anyone who could be harmed by such activities.

WE ARE NOT LIABLE OR RESPONSIBLE FOR THE PERSONALLY IDENTIFIABLE OR OTHER INFORMATION YOU CHOOSE TO SUBMIT IN FORUMS SUCH AS A COMMENTS AREA, BULLETIN BOARD, CHAT ROOM OR ANY OTHER PUBLICLY ACCESSIBLE AREA OF THE SITE.

You will receive notice when your personally identifiable information might be provided to any third party for any reason other than as set forth in this Privacy Policy, and you will have an opportunity to request that we not share such information.

We use non-identifying and aggregate information to better design our website and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.

3. How We Protect Your Information
We are committed to protecting the information we receive from you. We take appropriate security measures to protect your information against unauthorized access to or unauthorized alteration, disclosure or destruction of data. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we maintain appropriate physical, electronic, and managerial procedures to safeguard and secure the information and data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.

4. Third Party Advertising
Advertisements appearing on this Site may be delivered to you by Dear Bad Dad, LLC or one of our Web advertising partners. Our Web advertising partners may set cookies. Doing this allows the advertising partners to recognize your computer each time they send you an advertisement. In this way, they may compile information about where you, or others who are using your computer, saw their advertisements and determine which advertisements are clicked. This information allows an advertising partner to deliver targeted advertisements that they believe will be of most interest to you. Dear Bad Dad, LLC does not have access to or control of the cookies that may be placed by the third party advertising servers of ad partners.  

This privacy statement covers the use of cookies by Dear Bad Dad, LLC and does not cover the use of cookies by any of its advertisers. 

5.  Email Choice/Opt-out
If you no longer wish to receive updates or notifications may opt-out of receiving these communications by changing your “email notification” settings in your “account settings.”  

6. Accessing and Updating Your Personal Information and Preferences
We provide mechanisms for updating and correcting your personal information for many of our services.  You may access and update your contact information by sending an email to customerservice [at] dearbaddad dot com.

7. Email Choice/Opt-out
If any user who receives an email from the Site and would prefer not to receive such communications in the future, he or she can send an email to customerservice [at] dearbaddad dot com. We will make commercially reasonable efforts to implement your opt-out requests promptly, but you may still receive communications from us for up to 15 business days as we process your request.

8. Children's Privacy and Parental Controls
We do not solicit any personal information from children. If you are not 18 or older, you are not authorized to use the Site. Parents should be aware that there are parental control tools available online that can be used to prevent children from submitting information online without parental permission or from accessing material that is harmful to minors.

9. Disclaimer to Security
By consenting to the Terms of Use of the Site and hence the Privacy Policy, you consent that no data transmission over the Internet is completely secure. We cannot guarantee or warrant the security of any information you provide to us and you transmit such information to us at your own risk.

10. Notification of Changes
Dear Bad Dad, LLC reserves the right to change this Privacy Policy from time to time at its sole discretion. If at some point in the future, there is a change to our Privacy Policy, unless we obtain your express consent, such change will only apply to information collected after the revised Privacy Policy took effect. Your continued use of the Site indicates your assent to the Privacy Policy as posted.

11.  CONTACT INFORMATION:
If you have any questions or concerns regarding this Privacy Policy please contact: contact [at] dearbaddad dot com