Last Updated: November 1, 2022
Contents & Summary
SCOPE AND CONSENT
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”).
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.
- 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.
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.
- 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.
- 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.
COOKIES AND OTHER TRACKING MECHANISMS
- 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.
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.
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.
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 [email protected] 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.
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 [email protected] 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.
If you have questions about the privacy aspects of our Services, please contact us at:
3200 N. Hayden Road, Suite 310
Scottsdale, AZ 85251
Last Updated: November 1, 2022
The Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”) require us to inform parents and legal guardians (as used in this policy, ” parents “) about our practices for collecting, using, and disclosing personal information from children under the age of 13 (” children “). It also requires us to obtain verifiable consent from a child’s parent for certain collection, use, and disclosure of the child’s personal information.
This policy notifies parents of:
- The types of information we may collect from children.
- How we use the information we collect.
- Our practices for disclosing that information.
- Our practices for notifying and obtaining parents’ consent when we collect personal information from children, including how a parent may revoke consent.
- All operators that collect or maintain information from children through the Services
Information We Collect from Children
Children can access many parts of the Service and its content and use many of its features without providing us with personal information. However, some content and features are available only to registered users or require us to collect certain information, including personal information, from them. In addition, we use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use the Service.
We only collect as much information about a child as is reasonably necessary for the child to participate in an activity, and we do not condition his or her participation on the disclosure of more personal information than is reasonably necessary.
Information We Collect Directly
Automatic Information Collection and Tracking
We use technology to automatically collect information from our users, including children, when they access and navigate through the Service and use certain of its features. The information we collect through these technologies may include:
- One or more persistent identifiers that can be used to recognize a user over time and across different websites and online services.
- We may combine non-personal information we collect through these technologies with personal information about you or your child that we collect online.
How We Use Your Child’s Information
We use the personal information we collect from your child to:
- register him or her with the Service;
- communicate with him or her about activities or features of the Service that may be of interest;
- track his or her completion of chores or other activities;
We use the information we collect automatically through technology (see Automatic Information Collection and Tracking) and other non-personal information we collect to improve our Service and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about the child’s preferences, allowing us to customize the content according to individual interests.
- Speed up your searches.
Our Practices for Disclosing Children’s Information
We do not share, sell, rent, or transfer children’s personal information other than as described in this section.
We may disclose aggregated information about many of our users, and information that does not identify any individual or device. In addition, we may disclose children’s personal information:
- To third parties we use to support the internal operations of our Service and who are bound by contractual or other obligations to use the information only for such purpose and to keep the information confidential.
- 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.
- If we are required to do so 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.
Accessing and Correcting Your Child’s Personal Information
At any time, you may review the child’s personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child’s information.
You can review, change, or delete your child’s personal information by:
- Logging into your child’s account and visiting his or her account profile page.
- Sending us an email at [email protected] To protect your privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.
Operators That Collect or Maintain Information from Children
While we do not allow third party operators to collect or maintain personal information from children through the Service, we use third party hosting service providers to assist with our maintaining of children’s personal information as provided to us through the Services. A list of these third parties is available upon request by contacting us [email protected] .
TERMS AND CONDITIONS
Last Updated: November 1, 2022
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 [email protected]
You must be at least 18 years of age to register for our Services and receive a family account. If you are under 18 years of age (or the age of legal majority where you live) you may not register for our Services. However, you may be granted limited access to a family account through a PIN provided to you by your parent or legal guardian. Our website is intended only for use by individuals over the age of 18. If you are a minor and desire to visit our website, please do so only with the permission and under the supervision of your parent or legal guardian.
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.
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.
The Service is made available to individual parents and/or legal guardians for use by the parents, legal guardians and children under their care. You will be granted a family account upon registration and understand that your acceptance of these Terms indicates that you are agreeing to the Terms both on your own behalf as well as on the behalf of your children who use the Service through your family account. Children under 18 must not use the Service until after a parent or legal guardian has accepted these Terms on their behalf.
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.
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.
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.
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.
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.
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 [email protected]
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.
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.
An example of such Third-Party Content is if you elect to create, through the Service, a brokerage account with Apex Clearing Corporation to make trades. Should you elect to open a brokerage account, you will be required to complete a new account application form with Apex and, once approved, acknowledge and agree that BusyKid is hereby authorized on your behalf to send and receive, through the Service, funds to and from Apex for purposes of carrying out your brokerage account instructions (such as buying and selling of stocks). You further acknowledge and agree that you will only access this Apex brokerage account through our Service, but, as directed by you, BusyKid and Apex will place orders, and otherwise transact, in the brokerage account through the Apex systems. You acknowledge that neither Apex nor BusyKid offer any investment advice or make securities recommendations to any person. You are making “self-directed” decisions. All use of the brokerage account is at your sole risk. BusyKid makes no representation or warranty regarding any Apex systems, brokerage or other services and agrees all are available on an as-is basis and are subject to change at any time in Apex’s sole discretion without notice. BusyKid will in no way be responsible for any liabilities or damages caused by your use of Apex’s systems, brokerage or other services.
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, including the your failure to perform or comply with the terms and conditions of any account agreement or policies of Apex relating to any brokerage account. 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.
Your use of our Services is at your sole risk. Except as otherwise provided in 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.
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.
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.”
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.
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 [email protected] 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 [email protected] 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.
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.
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.
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.
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 [email protected]
- 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.
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.