Privacy Policy & Terms And Conditions

These are the BusyKid Privacy Policy as well as the Terms and Conditions. We combined the two articles for your convenience.

PRIVACY POLICY

Last Updated:  August 2020

BusyKid, Inc. (“BusyKid”, “we”, “us”, or “our”) recognizes the importance of privacy. In this Privacy Policy, we describe how we collect, use, and disclose information that we obtain about users of our website www.busykid.com (the “Site”), the BusyKid application (the “App”), and the services available through our Site and App (the Site, App, and services available through them are, collectively, the “Services”).

  1. Contents & Summary

    A table summarizing the contents of this privacy policy (“Privacy Policy”) appears below, followed by the policy in full.  Should there be any discrepancy between the table and the full Privacy Policy, the language of the full Privacy Policy shall govern.

    Scope and Consent By using the Site and the App you expressly consent to our collection, use, disclosure, and retention of your personal information and other information as described in this Privacy Policy.  Your use of the Site is also governed by the Terms and Conditions.
    Information We Collect We collect the following information when you use the Site.
    (a) Information We Collect Directly from Parents: When you create an account or profile on the Site, you voluntarily give us personal information.
    (b) Information We Collect from Third Parties:  Family relatives or others you invite to be financial contributors may also give us personal information to sign up for our newsletters and other communications.
    (c) Information We Collect Automatically: We automatically collect information about all the users’ use of our Site or App, including log information and transaction and payment history.
    (d) Combining Information Collected: We may, on occasion, combine information from outside sources to customize your experience on the Site.
    (e) Information We Collect about Children under 13: We will collect information about a child’s activities within our Site or App in association with their username or other identifier. Prior to doing so, we obtain verifiable parental consent pursuant to Children’s Online Privacy Protection Act (COPPA).
    How We Use Your Information    We use information collected from you to operate our Site and contact you. We use your information to: (1) improve our Services; (2) tailor content; (3) market and communicate with you; (4) research; (5) protect rights and interests; and (6) comply with legal obligations.
    How We Disclose Your Information We may share your personal information and other information we collect with the following entities:  (1) other BusyKid users; (2) our corporate family; (3) our service providers; (4) brand entities; and (5) legal and law enforcement.
    Cookies and Other Tracking Mechanisms We use tracking technologies (including cookies) to recognize you, protect your privacy and customize your experience on the Site.  You consent to our tracking of your video viewing through the Site or third party social media.
    Third-Party Analytics  We use third-party analytics companies, like Google Analytics, to evaluate use of our Services and help us improve your user experience. These entities may use cookies and other tracking technologies to perform these services.
    California Privacy Rights  If you are a California resident, you may request information about our practices related to disclosing your personal information.
    Do Not Track Disclosure Our Site and App do not respond to Do Not Track signals.
    Third-Party Links  We are not responsible for the privacy practices of third party websites that are linked to our Site.
    Security We protect your personal information using reasonable security measures.
    Your Choices You may update or delete the personal information we have about you or your child by accessing your profile on our Site or App. You can control how and when you want to receive notifications from BusyKid on the Site or by following instructions within the notices.
    Children Our services are targeted to parents. The personal information we collect about children is not made publicly available or otherwise shared, except as otherwise described in this Privacy Policy.
    Contact Us For more information about our privacy practices, go to our full Privacy Policy or send an email to help@busykid.com.
    Changes to this Privacy Policy We may notify you about material changes to this Privacy Policy by posting notices on this Site or on the App.
  2. SCOPE AND CONSENT

    By using any of our Services, you agree that your personal information will be handled as described in this Privacy Policy. Your use of our Services, and any dispute over privacy, is subject to this Privacy Policy and our Terms and Conditions, including its applicable limitations on damages and the resolution of disputes. Our Terms and Conditions are incorporated by reference into this Privacy Policy.

  3. INFORMATION WE COLLECT

    We collect information about you directly from you, from third parties, and automatically through your or your child’s use of our Services. We may combine all of the information we collect about you from these various sources.

    • Information We Collect Directly from Parents. We may collect certain information directly from parents. For example, to create an account we will collect a parent’s name, email address, password, and zip code; to facilitate payments for our Services and to a parent’s or a relative’s child through our Services we will collect bank account, or other similar financial information, and address. We will also collect any information that a parent voluntarily provides to us, such as gender, date of birth, cell phone number, responses to surveys or questionnaires, or requests or inquiries submitted through our Services.
    • Information We Collect from Third Parties. We may also collect information about you from third parties. For example, parents provide us with information about children, including the child’s username, password, age and/or date of birth, and gender. Similarly, if a relative or others you invite want to be a financial contributor to a child, the parent will also provide us with that contributor’s username, password, and bank account or financial information.
    • Information We Collect Automatically. We automatically collect information about all users’ use of our Site or App through cookies and other technologies, including without limitation:
      • Log Information, such as domain name; browser type; device identifier; operating system type; device name and model; pages or screens viewed; links clicked; Internet protocol (“IP”) address; when and the length of time a user visits or uses our Services; and the referring URL, or the webpage that led a user to our Site or App. Please see our Cookies and Other Tracking Mechanisms section below for more information.
      • Transaction and Payment History, such as the types of chores assigned and completed, payments for completed chores, how allowance payments are spent, and other information related to transactions, payments, donations, and purchases through our Site and App.
    • We may combine automatically collected information with other information, including personal information, that we collect about you.
    • Information We Collect about Children under 13. As noted above, parents provide us with information about their children, including a child’s username, password, age and/or date of birth, and gender. From children directly, we will collect information about a child’s activities within our Site or App in such a way that we are able to associate a child’s activities with his/her username or other identifier. Prior to doing so, we obtain verifiable parental consent pursuant to the Children’s Online Privacy Protection Act (“COPPA”).
  4. HOW WE USE YOUR INFORMATION

    We may use information, including personal information, for the following purposes:

    • Providing and Improving Our Services. To provide and maintain our Services; to improve our Services; to develop new features or services; to authenticate users; to facilitate payments and communications; to perform technical operations, such as updating software; and for other customer service and support purposes.
    • Tailoring Content. To tailor the content and information that we may send or display to you, and to otherwise personalize your experiences while using our Services.
    • Marketing and Communications. To communicate with you about your account and use of our Services; to respond to your inquiries; to provide you with news and newsletters, special offers, promotions, and other information we think may interest you; and for other informational, marketing, or promotional purposes. We may communicate with you via email, push notification, and text message (SMS).  Please note that we will not knowingly send marketing communications to children under 13. Please further note that our Services may include sponsored content (e.g., a chore to clean the bathroom may be sponsored by a cleaning products company) but these sponsorships will not be based on behavioral targeting.
    • Research and Analytics. To analyze how you interact with our Services; to monitor and analyze individual and collective usage trends; and for other research, analytical, and statistical purposes.
    • Protecting Rights and Interests. To protect the safety, rights, property, or security of BusyKid, the Services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity that BusyKid, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Privacy Policy and our Terms and Conditions.
    • Legal Compliance. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
  5. HOW WE DISCLOSE YOUR INFORMATION

    We may disclose information, including personal information, with the following entities:

    • Other BusyKid Users. We may disclose information to other BusyKid users as necessary for our Services to work. For example, we will disclose information about relatives with a BusyKid primary account-holder. Please note that children are not enabled to make their personal information publicly available.
    • Affiliates. We may disclose information to current or future affiliates or subsidiaries for research, marketing, and other purposes consistent with this Privacy Policy.
    • Service Providers. We may disclose information to our vendors, service providers, agents, or others who perform functions on our behalf and for the purpose of providing services to you. For example, if you elect to put money your child has earned on a gift card, we could share your child’s name with the payment card company that provides the gift cards.
    • Brand Partners. We may disclose BusyKid Users’ personal information, such as email addresses, with our brand partners for their marketing or other commercial purposes. Brand partners are third parties that promote their products on or through our Services.

    We may disclose information, including personal information, in the following ways:

    • Business Transfers. We may disclose information to another entity in connection with, including during negotiations of, an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer.
    • Protecting Rights and Interests. We may disclose information to protect the safety, rights, property, or security of BusyKid, the Services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity that BusyKid, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Privacy Policy and our Terms and Conditions.
    • Legal Compliance. We may disclose information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; in response to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request from law enforcement or a government official.
    • Aggregate and De-Identified Information. We may disclose aggregate, anonymous, or de-identified information about users for research, compliance, marketing, advertising, or other purposes.
  6. COOKIES AND OTHER TRACKING MECHANISMS

    We and our service providers use cookies and other tracking mechanisms to track information about your and your child’s use of our Services. We or our service providers may combine this information with other personal information we collect from you.

    • Cookies. We or our service providers may use cookies to track visitor activity on our Site or App. A cookie is a text file that a website transfers to a computer’s hard drive for record-keeping purposes. We or our service providers may use cookies to track user activities on our Site or App, such as the pages visited and time spent on our Site or App. Most browsers allow users to refuse cookies. The Help portion of the toolbar on most browsers will tell users how to prevent their computer from accepting new cookies, how to have the browser notify them when they receive a new cookie, or how to disable cookies altogether. Visitors to our Site or App who disable cookies may not be able to browse certain areas of the Site or App.
    • Clear GIFs, Pixel Tags and Other Technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, which are embedded invisibly on web pages. We or our service providers may use clear GIFs (also known as web beacons, web bugs or pixel tags), in connection with our Site or App to track the activities of visitors to our Site or App, help us manage content, and compile statistics about usage of our Site or App. We or our service providers may also use clear GIFs in HTML emails to our users, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
  7. THIRD-PARTY ANALYTICS

    We may use third-party analytics companies, such as Google Analytics, to evaluate use of our Services. We or our service providers use these tools to help us understand use of, and to improve, our Services, performance, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services.

  8. DO NOT TRACK DISCLOSURE

    Our Site and App do not respond to Do Not Track signals. For more information about Do Not Track signals, please click here.

  9. THIRD-PARTY LINKS

    Our Services may contain links to third-party websites or applications. Any access to and use of such linked websites or applications is not governed by this Privacy Policy but instead is governed by the privacy policies of those third-party websites or applications, and we recommend that you review their respective privacy policies. We are not responsible for the information practices of such third parties.

  10. SECURITY

    We have taken steps to help protect the personal information we collect from loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your device login information private.

  11. YOUR CHOICES

    You may update or delete the personal information that we have about you or your child by updating your or their profile on our Site or App or emailing us at help@busykid.com. Please note that we may retain certain information as required by law or as permitted by law for legitimate business purposes. For example, if you request that we delete your information but we believe that you have violated our Terms and Conditions we may retain information about you in order to attempt to resolve the issue before deleting it.

    We may send periodic promotional or informational emails to parents. Parents may opt out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to ten (10) business days for us to process opt-out requests. If a parent opts out of receiving emails about recommendations or other information we think may interest him/her, we may still send that parent emails about his/her account or any Services the parent has requested or received from us.

  12. CHILDREN

    Our Services are targeted to parents. As discussed in the Information We Collect section above, parents provide us directly with most of the personal information we collect about children under the age of 13. The only information we collect directly from children under 13 is automatically collected information, such as IP address and Site or App activities, like chores completed and purchases or payments requested. The personal information we collect about children is not made publicly available or otherwise shared, except as otherwise described in this Privacy Policy.

    Under COPPA, parents have a right to review the information we have collected about their child, to delete it, and to tell us to no longer use their child’s personal information. Parents can review most of the information we collect about their child by logging in to their account, reviewing their account information, and updating the personal information we maintain about their child – or they can email us at help@busykid.com to request such updates. If a parent does not want us to collect and use their child’s personal information anymore, then s/he may cancel his/her child’s account and use of the Services.

    Please note that copies of information that parents update, modify, or delete may remain viewable in cached and archived pages for a period of time.

  13. CONTACT US

    If you have questions about the privacy aspects of our Services, please contact us at:

    BusyKid, Inc.
    3200 N. Hayden Road, Suite 310
    Scottsdale, AZ 85251
    help@busykid.com

  14. CHANGES TO THIS PRIVACY POLICY

    This Privacy Policy is current as of the effective date set forth above. We may change this Privacy Policy from time to time, so please be sure to check back periodically. We will post any changes, including any material changes, to this Privacy Policy on our Site or App.

TERMS AND CONDITIONS

Last Updated:  August 2020

These Terms and Conditions (“Terms”) apply to your access to and use of the websites, mobile applications and other online products and services (collectively, the “Services”) provided by BusyKid Inc. (“BusyKid,” “Company,” “we,” “us,” or “our”). By using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16.  If you do not agree to these Terms, do not use our Services.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms.  Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes.  If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at BusyKid Customer Service, 3200 North Hayden Road, Suite 310, Scottsdale, AZ 85251 or at help@busykid.com.

  1. Privacy

    For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy.

  2. Eligibility

    You must be at least 18 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live). If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

  3. User Accounts and Account Security

    You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.  If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

  4. User Content

    Our Services may allow you and other users to create, post, store and share content, including messages, feedback, text, information, data, software, or other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and BusyKid.
    You grant BusyKid a perpetual,  irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.
    You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit, or monitor User Content, we may screen, delete, or remove User Content at any time and for any reason with or without notice.

  5. Prohibited Conduct and Content

    You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

    • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
    • Use or attempt to use another user’s account without authorization from that user and BusyKid;
    • Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
    • Sell, resell or commercially use our Services;
    • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
    • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
    • Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
    • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
    • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
    • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
    • Develop or use any applications that interact with our Services without our prior written consent;
    • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
    • Bypass or ignore instructions contained in our robots.txt file; or
    • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

    You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

    • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
    • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
    • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
    • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
    • Impersonates, or misrepresents your affiliation with, any person or entity;
    • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
    • Contains any private or personal information of a third party without such third party’s consent;
    • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
    • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose BusyKid or others to any harm or liability of any type.

    Enforcement of this Section 5 is solely at BusyKid’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

  6. Ownership; Limited License

    The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by BusyKid or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

  7. Trademarks

    BusyKid, our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of BusyKid and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

  8. Feedback

    You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about BusyKid or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in BusyKid’s sole discretion. You understand that BusyKid may treat Feedback as nonconfidential.

  9. Repeat Infringer Policy; Copyright Complaints

    In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify us at BusyKid Customer Service, 3200 North Hayden Road, Suite 310, Scottsdale, AZ 85251 or at help@busykid.com.
    Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to BusyKid for certain costs and damages.

  10. Third-Party Content

    We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. BusyKid does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

  11. Indemnification

    To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless BusyKid and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Company Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Company Parties of any third-party Claims, cooperate with Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Company Parties will have control of the defense or settlement, at BusyKid’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and BusyKid or the other Company Parties.

  12. Disclaimers

    Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, BusyKid does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While BusyKid attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

  13. Limitation of Liability

    To the fullest extent permitted by applicable law, BusyKid and the other Company Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if BusyKid or the other Company Parties have been advised of the possibility of such damages.
    The total liability of BusyKid and the other Company Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services.
    The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of BusyKid or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

  14. Release

    To the fullest extent permitted by applicable law, you release BusyKid and the other Company Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

  15. Transfer and Processing Data

    In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

  16. Dispute Resolution; Binding Arbitration

    PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 16, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 16. 

    BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

    No Representative Actions. You and BusyKid agree that any dispute arising out of or related to these Terms or our Services is personal to you and BusyKid and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

    Arbitration of Disputes. Except for small claims disputes in which you or BusyKid seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or BusyKid seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and BusyKid waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court.  Instead, for any dispute or claim that you have against BusyKid or relating in any way to the Services, you agree to first contact BusyKid and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to BusyKid by email at help@busykid.com or by certified mail addressed to BusyKid Customer Service, 3200 North Hayden Road, Suite 310, Scottsdale, AZ 85251. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and BusyKid cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Maricopa County, Arizona, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

    You and BusyKid agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

    The arbitrator, BusyKid, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

    You and BusyKid agree that for any arbitration you initiate, you will pay the filing fee and BusyKid will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, BusyKid will pay all JAMS fees and costs. You and BusyKid agree that the state or federal courts of the State of Arizona and the United States sitting in Maricopa County, Arizona have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

    Any claim arising out of or related to these Terms or our Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and BusyKid will not have the right to assert the claim. 

    You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 16 by emailing us at support@busykid.com the following information: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve disputes with us through arbitration. 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. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.

    If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.

  17. Governing Law and Venue

    Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Arizona, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Arizona or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Arizona and the United States, respectively, sitting in Maricopa County, Arizona.

  18. Modifying and Terminating our Services

    We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

  19. Severability

    If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

  20. Additional Terms Applicable to Mobile Devices

    The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).

    • Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple, and BusyKid, not Apple, is solely responsible for the iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store will govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
    • Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
    • Maintenance and Support. You and BusyKid acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
    • Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of BusyKid. However, you understand and agree that in accordance with these Terms, BusyKid has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
    • Product Claims. You and BusyKid acknowledge that as between Apple and BusyKid, BusyKid, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
    • Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, BusyKid, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
    • Legal Compliance. You represent and warrant that (a) 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, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
    • Developer Name and Address. Any questions, complaints or claims with respect to the iOS App should be directed to support@busykid.com.
    • Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Services.
    • Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).

    The following terms apply if you install, access or use the Services on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):

    • You acknowledge that these Terms are between You and us only, and not with Google.
    • Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
    • Google is only a provider of the Android Market where You obtained the Android App.  We, and not Google, are solely responsible for our Android App and the Services and Content available thereon. Google has no obligation or liability to You with respect to Our Android App or these Terms.
    • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.
  21. Miscellaneous

    These Terms constitute the entire agreement between you and BusyKid relating to your access to and use of our Services. Notwithstanding any other provisions of these Terms, Sections 5, 8, 11, 12, 13, 14, 16, 17, 20, and 21 survive any expiration or termination of these terms. The failure of BusyKid to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or the Services, in whole or in part, without your prior written consent. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.