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1. General

These Terms of Use (“Terms of Use”) describe terms and conditions that apply to use of Parento, Inc. and/or Parento Agency, LLC (individually and together, “Parento”, “we” and “us”) websites and other online services (collectively, our “Online Services”), regardless of how you access the Online Services.

By using the Online Services (such as the Parento Portal), by clicking “I Accept” or by otherwise expressing consent, you agree to these Terms of Use and Parento’s Privacy Policy. We may amend, replace or otherwise change these Terms of Use at any time without prior notice, and we will post any amendment, replacement or other change on the Online Services. Any amendments, replacements or other changes will be effective when we post them. By continuing to use the Online Services, you agree to any such amendments, replacements or other changes.

Your use of the Online Services, your clicking on “I Accept” and any other expression of your consent is your electronic signature to these Terms of Use of Use and your consent to enter into an agreement to be bound by the Terms of Use. If you no longer wish to be bound by these Terms of Use, or if these Terms of Use otherwise are terminated, you must immediately stop using the Online Services, although our accrued rights under these Terms of Use will remain effective. If you wish to print and retain a copy of these Terms of Use, you will need a computer and a printer or other storage space.

THESE TERMS OF USE INCLUDE A MUTUAL BINDING ARBITRATION AGREEMENT IN SECTION 19 THAT REQUIRES RESOLUTION OF DISPUTES BY INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT AS PROVIDED IN SECTION 19.

2. Parento Is Not a Healthcare Provider

We are not a doctor, hospital or other healthcare provider. We do not recommend any healthcare service or treatment. If you are having a medical emergency, you should call 911 immediately. You should contact your doctor or other healthcare provider if you have any questions about your health. Content on the Online Services is not medical, financial, legal or tax advice.

3. Password Protection and Access to Restricted Areas

Portions of the Online Services may be restricted to authorized users only, and certain portions of the Online Services may be further restricted to certain authorized users only. Access, and attempted access, to such portions without our prior authorization, and without all other applicable authorization, or otherwise in violation of limitations specified by your employer or the other entity for which you perform services, is unlawful and may be monitored. If you do not have our express authorization to access such areas, or if you do not consent to be monitored, you must not attempt to access, or access, such areas.

If you are an authorized user of any restricted portion of the Online Services, you are responsible for maintaining the confidentiality and security of your password, username, company code and other log-in information. You must not share your password, username, company code or log-in information with any third party. If you believe that your password or username or other information may have been accessed by a third party or otherwise compromised, or if you believe that any unauthorized activity regarding your Parento account may have occurred, you should change your password and contact us immediately. We are not responsible if you do not secure your password, username, company code or other log-in information, or if you share your password, username, company code or other log-in information with a third party. You should change your password at least every three months.

4. Limitations on Use of the Online Services

You agree that you will not: (1) use the Online Services or any information or other content available through the Online Services (“Content”) in any way that these Terms of Use do not specifically allow; (2) attempt to reverse engineer any of our software or any technology that is used to make the Online Services available; (3) allow or permit any person to do any act that is prohibited by these Terms of Use; (4) copy or change any data, information, materials or other Content from the Online Services; (5) provide any false or misleading information, whether in connection with your identity or otherwise; (6) share any username, password, company code or other log-in information with any other person, or use any other person’s username, password company code or other log-in information; (7) interfere with the Online Services in any manner; (7) delete or change any copyright, trademark or other proprietary right notice in connection with the Online Service; (8) send any unsolicited communications, including, without limitation, computer code, malware or viruses; (9) use the Online Services in any manner that, in our discretion, we believe could interfere with use by any person of the Online Services, harm in any manner or information technology systems or create any liability for us or any other person; (10) use any means to scrape or spider any portions of the Online Services; (11) circumvent any blocking by us of your or any other person’s access to the Online Services; (12) send unsolicited commercial emails to us; (13) use the Online Services to engage in any unlawful activity; (14) use the Online Services to engage in conduct which is defamatory, libelous, threatening or harassing or that infringes on a third party’s intellectual property or other proprietary rights; (14) copy, duplicate, distribute, display, perform, create derivative works, or otherwise use any Content, or frame any Online Services, within any other site; or (15) post any improper or inappropriate content, including, without limitation, content that is obscene, libelous, harassing, threatening, harmful, inflammatory, invasive of privacy, or otherwise objectionable or offensive, constitutes advertising or solicitation, constitutes information or other data or content for which you do not have all rights to provide, or violates applicable law. If you engage in any activity in violation of these Terms of Use, we may, and you authorize us to, disclose any information that you provide through the Online Services to law enforcement authorities as we deem appropriate in our sole discretion.

5. Certain Requirements for Use of the Online Services

You agree that you will (1) comply with all applicable law; (2) provide only information that is truthful and accurate in all respects through the Online Services and (3) not use the Online Services unless you are at least 18 age of age; (4) change your username, password and other log-in information at our direction if we find it or them inappropriate; and (5) permit us to take any measures that we deem appropriate in our discretion, to the extent permitted by applicable law, to enforce compliance with these Terms of Use.

6. Your Submissions

You are solely responsible for all information and other content that you submit through the Online Services. You authorize us and others on our behalf to route such information and other content via hosting providers and otherwise through the Internet.

We may collect data from you in connection with your or an employee’s benefits or claims (collectively, “Benefits Data”). You agree that we may collect, use, hold, disclose and transfer, including to third parties, in electronic or other form, Benefits Data for the sole purposes of: (i) implementing, administering, pricing, and managing the Parento leave program (“Program”) and any related insurance policy; (ii) exercising our rights or and discharging our obligations under these Terms of Use or any agreement with your employer; (iii) improving the Program; (iv) detecting, investigating, preventing, and responding to breaches of Benefits Data, fraudulent activity, violations of these Terms of Use or any agreement with your employer, and any system or networks exploits or abuse; (v) as necessary to comply with any applicable laws, including privacy laws; (vi) to deidentify, anonymize or aggregate Benefits Data to create or derive data or data compilations that do not contain personal information or information that otherwise identifies you, your employer or any other User (“Aggregated Data”); and (vii) as agreed in writing between your employer and us (the “Purposes”). We share Benefits Data with your employer and your employer controls its own use of Benefits Data and may use and further share the Benefits Data for purposes other than the Purposes. We have no control over your employer’s use of the Benefits Data; please consult your employer or its privacy policy.

All content or other information you provide or make available in connection with your access to and use of the Online Services, at any time, including data, text, audio, video, or images, excluding Benefits Data, is referred to as “Services Data.” You grant to us a perpetual, non-exclusive, irrevocable, worldwide, royalty-free and fully sublicensable right to copy, modify, use, change, publish, translate, create derivative works from and distribute Services Data and Aggregated Data in connection with our provision of any products and services, and you grant to us and our sublicensees the right to use the name that you submit in connection with such Services Data .

We encourage you to submit Feedback to us. “Feedback” means any suggestion, enhancement request, recommendation, correction, change, or other feedback regarding the Online Services or our other products and services. If you provide us with Feedback via the Online Services or any other method, you grant us an exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable worldwide right and license to access, store, process, use, copy, record, modify, make derivative works from, translate, display, publicly perform, broadcast, transmit, publish, distribute, disclose, transfer, remove, sublicense, sell, and export Feedback, in any form or medium, without restriction. You are prohibited from reposting, republishing, or redistributing Feedback. We have the right, but do not assume any responsibility to review, screen, or approve Feedback. We have no obligation to keep Feedback confidential, to pay any compensation for Feedback, or to respond to any Feedback. You are solely responsible for the accuracy and legality of any Feedback you make. We take no responsibility and assume no liability for any Feedback posted or transmitted by you or a third party.

You represent and warrant: (1) that you own or otherwise have all of the rights to the content and other information that you provide (including Benefits Data, Services Data and Feedback) and that we may use such content and information consistent with these Terms of Use without violating the rights of any third party, including privacy and intellectual property rights; (2) that you have not provided the personal information of another individual to us, or made it available in the Online Services, unless you have such individual’s prior written consent and the individual is at least 18 years or age, or you are the parent or legal guardian of such individual under the age of 18, or you are otherwise authorized under applicable law to share such personal information with us; (3) that the content and other information is complete and correct; and (4) that use of the content and other information that you provide does not violate these Terms of Use and will not harm or otherwise injure any person or entity. a You agree to indemnify, defend and hold us harmless for and in connection with all claims arising from any content and other information that you provide. In addition, you agree to back up and retain a copy of all content that you submit through the Online Services.

7. Intellectual Property Ownership

Subject to these Terms of Use, we grant you a non-transferable, non-sublicensable, revocable, non-exclusive, limited license to use the Online Services only to view the Content on the Online Services to obtain information regarding products and services described on the Online Services. All rights in and to the Online Services, including, without limitation, the Content, and all intellectual property rights, including, without limitation, all patent, copyright, trademark and trade secret rights, will remain with us and/or our licensors. Our making of the Content available on the Online Services, granting you a license to use the Online Service, and your entering into these Terms of Use, in each case, do not grant any ownership rights to you.

We may terminate this license at any time in our discretion. If you breach any of these Terms of Use, if these Terms of Use terminate, or if you no longer are bound by these Terms of Use, your license to use the Online Services and the Content automatically and immediately terminates upon the first of such events to occur. Upon the termination of this license, you must immediately stop using the Online Services, including, without limitation, all Content, and return or destroy all copies, including, without limitation, electronic copies, of the Content in your possession or control.

In addition, the name Parento and the Parento logo are exclusively our intellectual property, and you have no rights in such name and logo. All Content on, or in connection with, the Online Services, including, without limitation, graphics, text, software, audio, video, and files, are exclusively our property, and we protect our property rights to the maximum extent available by copyright or other intellectual property laws. We reserve all rights to our intellectual property and other assets. You are not permitted to use any part of the Online Services, or any of our other intellectual property, in any other websites or in any other materials.

8. Online Claims Submissions

If you are a Parento customer, you may elect to report a claim online, to the extent that we make such reporting available. You acknowledge that your reporting or submission does not commit us to provide any coverage. We reserve all rights to submit and verify all information that you provide, whether relating to the relevant insurance policy and the coverage requested. We reserve all rights to require additional information in connection with our decision regarding any claim. You authorize us to share data and other information that you provide with each of us, and with all other third parties that we may deem necessary in connection with such claim.

9. Copyright Infringement – DMCA Notice

We take claims of copyright infringement seriously and we will respond to notices of alleged copyright infringement that comply with applicable law. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. To be valid in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is: legal@parentoleave.com. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on this website is infringing your copyright, you may be held liable for damages (including, without limitation, costs and attorneys’ fees) under Section 512(f) of the DMCA.

10. Unsolicited Idea Submission Policy

As our policy, we automatically reject unsolicited proposals regarding intellectual property. We will not accept any such proposals made to us or to anyone on our behalf.

Our products, services and other technology may appear similar to a proposal regarding intellectual property that is made to us. If you make any proposal regarding intellectual property to us, you acknowledge and agree that, notwithstanding anything to the contrary in your proposal or in any other communications with us, (1) we do not owe any payment or other compensation to you; (2) there is no duty of confidentiality between you and us; (3) we retain all rights to obtain, develop, sell and otherwise commercialize products and services that may compete with products and services that you propose; (4) your proposal automatically and irrevocably becomes our property, and we are entitled to all rights of ownership with respect to such property, including, without limitation, all rights to modify, commercialize and otherwise use in any way such proposal and all contents of such proposal in any way and for any purpose; (5) protecting your own intellectual property is exclusively your responsibility and you must not submit any proposal to us if you wish to protect any intellectual property relating thereto. If you have questions about this policy or the consequences of providing materials and other information to us, you should consult your own attorney before making any submission.

11. Links

As a courtesy, we may provide links to other websites that we do not maintain. No such link should be deemed to indicate that we endorse or otherwise sponsor any site to which such link relates, or any materials or other content on such site, or that we have any affiliation with any such site. We have no responsibility for such sites or for any materials or other content on such sites, and we make no representations or warranties about such sites or any products, services or other materials or content on such sites. In addition, we have no responsibility for any site that you may decide to use in connection with the Online Services, or any products, services or other materials or content on such sites.

12. No Warranty

Nothing within these Terms of Use should be meant or implied to be a warranty. You use the Online Services at your own risk. We do not guarantee the accuracy, completeness, timeliness, correctness or reliability of any content available through the Online Services. Online Services are provided to you when available and are provided on an “as is” basis, without any warranty of any kind, expressed or implied, including without limitation any implied warranties of merchantability and fitness for a particular purpose. We make no representation that use of the Online Services will be uninterrupted or error-free, or free of viruses or other harmful components. Under no circumstances will we be liable for any damages whatsoever arising out of the use or performance of the Online Services. Some states do not allow a Terms of Use of Use to have a “no-warranties” provision, and even though these Terms of Use make no warranty, if your state does not allow this type of limitation, this paragraph will not apply to you.

In furtherance, and without limitation, of the foregoing, we do not guaranty the accuracy, correctness or reliability of any payroll or other compensation or payment calculations, or access by other users to data, information or other content relating to you.

13. Limitation of Liability

You agree that we have no liability for any loss arising out of, or relating to: these Online Services; any third-party site or program accessed through the Online Services; any acts or omissions by us or any third party; any calculations of any payroll numbers, payroll schedule and/or payroll estimates, and/or any accuracy or use thereof; and/or your access or use of the Online Services. In addition, you agree that payroll numbers are estimated and subject to change, are not an approval of a claim, and may vary from what is reimbursable for covered claims, and by using any payroll schedule, you acknowledge it may vary from insurance coverage, if applicable. This limitation of liability includes any claim based on warranty, contract, tort, strict liability, or any other legal theory.

This limitation of liability does not apply if you are a New Jersey resident. With respect to residents of New Jersey, any released parties are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions; and any released parties are not, in any case, liable for indirect, incidental, special, consequential or punitive damages.

Other states may also limit liability. If your state does not allow this type of limitation, one or more of the limitations above may not apply to you.

14. Indemnification

You agree to indemnify, defend and hold harmless any us and our respective officers, directors, managers, shareholders, members, employees, consultants, affiliates, agents, advisors and other representatives from and against any claim by any third person, including, without limitation, reasonable attorneys’ fees for counsel of our own choosing, arising out of or related to (i) your misuse of the Online Services, (ii) your breach of these Terms of Use, (iii) any violation of the intellectual property rights of any third party, (iv) your misappropriation, misuse, gross negligence, intentional misconduct, or violation of applicable law.

15. Availability of Products and Services

Not all of the products or services described on the Online Services are available in all states. You may not be eligible for all products and services and we reserve the right to determine such eligibility as permitted by applicable law. Where noted, certain products or services may be subject to specific terms, conditions, representations or agreements. The portions of the Online Services that are related to such products and services may provide additional information about their terms and conditions and availability, and any additional requirements for eligibility.

16. Insurance Quotes/Coverages

Any quotes generated by this site are only estimates, based upon the information you provided. Quotes are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided on the Online Services are general descriptions of available coverages and are not a contract or other agreement. To obtain coverage you must submit an application to us. All applications are subject to our underwriting approval, which might not be granted. Coverages and availability may vary by state; and additional minimum coverage limits may be applicable in your state.

17. Other Agreements

These Terms of Use of Use apply to your use of the Online Services and do not change or alter any other contract or agreement between you and us.

18. Export Controls

You may not use, export or transfer the Online Services or any Content unless you are permitted to do so by these Terms of Use and not prohibited from doing so by United States law, the laws of the jurisdiction in which you receive the Online Services, or any other applicable law. You may not export or make available the Online Services and/or Content (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

By using the Online Services, you represent and warrant that you and any ultimate beneficiary of the Online Services are not located in any such country or on any such list. You will not use the Online Services or Content for any purposes prohibited by United States law.

19. Dispute Resolution

For any and all disputes or claims you have, you must first give us an opportunity to resolve your claim by sending a written description of your claim to us. You and we each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.

YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE TERMS OF USE, OUR PRIVACY POLICY, OR THE ONLINE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. You and we each also agree that these Terms of Use affect interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution provision (despite the general choice of law provision set forth below). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THESE TERMS OF USE AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

Your choice to opt out of arbitration

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM (i) IN COURT AND NOT BY ARBITRATION AND (ii) ON A CLASS AND NOT INDIVIDUAL BASIS, IF YOU OPT OUT WITHIN 30 DAYS FROM THE DATE YOU CREATED YOUR ACCOUNT (OR FIRST ACCESSED THE ONLINE SERVICES, IF YOU HAVE NOT CREATED AN ACCOUNT) (the “Opt Out Deadline”). You may opt out of these individual arbitration procedures by sending an email to legal@parentoleave.com and clearly stating that you wish to opt out of the individual arbitration procedures in the Terms of Use. Any opt-out received after the Opt Out Deadline will not be valid and you will be required to pursue your claim individually in arbitration.

Arbitration procedures

Any claim or dispute that has not been resolved by the parties following reasonable attempts to resolve same shall be submitted to the office of the American Arbitration Association (“AAA”) located in New York, NY for binding arbitration in accordance with the AAA’s Commercial Arbitration Rules (or Consumer Arbitration Rules for any individual User that uses the Online Services in their individual capacity) then in effect, as amended by these Terms of Use. The cost of the arbitration, including the fees and expenses of the arbitrator(s), will be shared equally by the parties, with each party paying its own attorneys’ fees. The arbitrator(s) will not have the authority to award any damages not available under these Terms of Use. The arbitration award (the “Award”) will be presented to the parties in writing, and upon the request of either party, will include findings of fact and conclusions of law. The Award may be confirmed and enforced in any court of competent jurisdiction. Any post-Award proceedings will be governed by the Federal Arbitration Act. Notwithstanding the foregoing, either party may, without inconsistency with the foregoing arbitration provision, apply to any State or Federal court located in New York, NY and having jurisdiction hereof and seek interim provisional, injunctive or other equitable relief until the Award is rendered or the controversy is otherwise resolved, and in connection with any such proceeding, each party expressly waives its right to a jury trial.

20. Governing Law

This site is controlled by us from within the State of New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of New York, by accessing this site you agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Online Services. You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of New York with respect to such matters.

Unless you are a resident of New Jersey, you must commence any cause of action within one year after the claim has arisen, or you will be prohibited from pursuing any cause of action.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

21. Severability

If any portion of these Terms of Use of Use is unlawful, void or unenforceable, it shall not affect the validity or enforceability of any other provision.

22. Termination

We may suspend or terminate your use of the Online Services and/or your registration at any time, in our discretion and/or without notice. You agree that we will not be liable to you or any other party for any termination or suspension of your access to the Online Services in accordance with these Terms of Use.

23. Severability

If any provision of these Terms of Use is held to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, the remaining portions of the Terms of Use will be determined without the unenforceable or invalid provision. All other Terms of Use will remain in full force and effect.

24. Miscellaneous

These Terms of Use, and any additional terms made available on the Online Services, are the entire agreement between you and us in connection with the Online Services, and all previous written or oral agreements are superseded. We have all rights to seek, at your expense, an injunction to stop or prevent a violation of your obligations. No waiver by us will have effect unless such waiver is written and executed by one of our duly-authorized officers; and any waiver of any violation will not constitute a waiver of any subsequent violation.

25. Third Party Beneficiaries

Our respective officers, directors, managers, shareholders, members, employees, consultants, affiliates, agents, advisors and other representatives are third-party beneficiaries of your obligations in Section 14. There are no other third-party beneficiaries of these Terms of Use.

26. Survival and Assignment

Your obligations under the following sections survive termination of these Terms of Use: 1, 2, 3, 4, 5, 6, 7 (excluding the paragraph reading “Subject to these Terms of Use…ownership rights to you.”), 9, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26. You may not transfer or assign any rights or obligations under these Terms of Use. We may transfer or assign our rights and obligations under these Terms of Use.

27. Contact Us

If you have questions regarding these Terms of Use, contact us at:

legal@parentoleave.com