Welcome to the BusyKid Website and App (Website) operated by BusyKid Inc. (“Company”, “us”, “our” or “we”). Thank you for visiting. We hope you enjoy the experience!
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
We may alter the Materials and Services we offer you and/or choose to modify, suspend or discontinue the Services at any time and without notifying you. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We promise to inform you of any modifications to these Terms by posting them on the Services and/or, if you have registered with us, by describing the modifications to these Terms in an email that we will send to the address that you provided during registration. To be sure we properly reach your email inbox, we ask that you let us know if your preferred email address changes at any time after your registration.
If you object to any such modifications, your sole recourse shall be to cease using the Services. Continued use of these Services following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Services. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
By using these Services, you agree that you are the parent or legal guardian of any child you sign up in the program or you are at least 18 years of age or are otherwise accessing or using these Services with the consent of your parent or legal guardian. You are responsible for ensuring that all persons, including any children or minors, who access these Services through your Internet connection are made aware of these Terms and that they comply with such Terms.
We invite you to use the Services for your individual, consumer purposes (“Permitted Purposes”) – enjoy!
In these Terms, we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of these Services or Materials in any manner. If you make copies of any of these Services while engaging in Permitted Purposes then we ask that you be sure to keep copies all of our copyright and other proprietary notices as they appear on the Services.
Unfortunately, if you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
USING THIS WEBSITE AND THE SERVICES.
We appreciate you visiting these Services and allow you to do just that – stop by and leisurely check it out without even registering with us!
However, in order to access certain password-restricted areas of these Services and to use certain Services and Materials offered on and through this website, you must successfully register an account with us.
PASSWORD RESTRICTED AREAS OF THE SERVICES.
If you want an account with us, you must submit the following information through the account registration page on this website:
- Valid email address
- First and last name
- PIN code
- Zip code
During the registration process you may need to establish a paid account for a Subscription as detailed below. You may provide additional, optional information so that we can provide you a more customized experience when using the Services – but we will leave that decision with you. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an email detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly or contacting us using the below contact information and we can make the changes for you. And, if you forget your password – no worries as we will happily send a password update to your provided email address.
You are responsible for complying with these Terms when you access these Services, whether directly or through any account that you may setup through or on the Services. Because it is your account, BusyKid is not responsible for managing or servicing any mobile devices used to run the Service. You are also responsible for any charges related to your account, including spend cards or any additional features you agree to add to your account. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access these Services. Should you believe your password or security for these Services has been breached in any way, you must immediately notify us at email@example.com.
By registering for an account with us, you become a “Subscriber” with access to certain password-restricted areas of the website and to use certain Services and Materials offered on and through the website (a “Subscription”). By opening a Subscription, you may enable other family members to access and use the Services and website features. Each Subscription and the rights and privileges provided to a Subscriber and permitted users registered by such Subscriber are personal and non-transferable. If you are the original Subscriber, you are responsible for the acts or omissions of any user that you permit to access and make use of your Subscription.
You agree to pay any and all applicable fees related to your use of this website and app which are described fully on any payment page. By providing a payment method, you expressly authorize us to charge for any applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular subscription and utilized Services.
Any subscriptions are annual as described on the payment page. For renewals, Company will automatically charge your credit/debit card or debit your registered bank account the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Company will have no liability to you arising out of the acts or omissions of such third parties.
BY REGISTERING FOR ANY SUBSCRIPTION, YOU AUTOMATICALLY PROVIDE CONSENT FOR US TO CHARGE YOUR CREDIT/DEBIT CARD OR DEBIT YOUR REGISTERED ACCOUNT, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.
We may suspend or terminate your account and/or access to our Services and this website if your payment is late and/or your offered payment method cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular membership and utilized services.
If you register for any free trial, we will make one or more Services, as specified in the free trial offer, available to you on a trial basis free of charge for the trial period. Additional terms and conditions may appear on the free trial registration web page or form and any such additional terms and conditions are incorporated into these Terms by reference and are legally binding. You acknowledge and agree that your free trial will automatically convert to a Subscription at the end of the trial period. You expressly authorize us to charge the applicable annual fees to the payment method you provided during registration at the end of the trial period unless you cancel your free trial prior to the end of the trial period.
For any subscriptions, it will automatically renew for the same annual period unless you cancel the account within 24 hours prior to the end of the then-current Subscription. You can cancel your account at any time through means provided or by contacting customer service. Cancellation will be effective immediately. Please note that after you cancel your account, you will not be able to use or access the Services and you will not be entitled to a refund of any fees that you’ve paid.
By using the website and/or the Services provided on or through the website, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the website and/or Services provided on or through the website or Services. These electronic communications are part of your relationship with us. Third party charges may apply to your receipt of text messages from us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
USING PAYMENT FUNCTIONALITY OF SERVICES.
The Services we provide do not include providing, holding, offering or maintaining an account into which your funds are, or may, be deposited or held, on your behalf or for any other person. We are not a bank or financial institution. The Services we provide also does not include the offer to conduct, or actually conducting, any movement of funds on your behalf or on behalf of any other person. We do not receive your funds at any time, other than solely in the form of payment from you for the Services provided by us.
In connection with the Services, you can purchase a Visa® card for use by you or family members registered under your Subscription. You acknowledge that use of these cards may be subject to additional terms and conditions provided at either the time or registration or delivery of such cards to you.
LINKS TO THIRD-PARTY SITES.
We think links are convenient, and we sometimes provide links on this website to third-party websites. If you use these links, you will leave this website. We are not obligated to review any third-party websites that you link to from this website, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from this website, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of this website may allow you to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on this website to be shared with your contacts in your third-party site account.
Certain areas of our website (e.g., blogs, chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, messages, or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.
By submitting any User Submission, you are promising us that:
- you own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all “moral rights” that you may have in your User Submission;
- any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
- your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Services through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this website and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.
To be clear, we authorize your use of the Services only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between you and us, all rights in the Services remain our property.
Unauthorized use of the Services may result in violation of various United States and international copyright laws. Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
- for any public or commercial purpose which includes use of the Services on another site or through a networked computer environment;
- in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;
- in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- to stalk, harass, or harm another individual;
- to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- to interfere with or disrupt the Services or servers or networks connected to the Services;
- to use any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or
- to attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.
You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Our Services may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Services does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Services are our sole property. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
INTELLECTUAL PROPERTY INFRINGEMENT.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our agent for notice of claims of infringement at firstname.lastname@example.org.
To be sure the matter is handled immediately, your written notice must:
- contain your physical or electronic signature;
- identify the copyrighted work or other intellectual property alleged to have been infringed;
- identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- contain adequate information by which we can contact you (including postal address, telephone number, and email address);
- contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- contain a statement that the information in the written notice is accurate; and
- contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.
Submitting a DMCA Counter Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- a statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of this website or Service who is the subject of repeated DMCA or other infringement notifications.
DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Services will meet your requirements or that the Services will be uninterrupted, timely, secure, or error free or that defects in the Services will be corrected. We make no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. No advice or information, whether oral or written, obtained by you through the Services or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY AND THE LIABILITY OF OUR SUPPLIERS TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SERVICES OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF:
- FIFTY US DOLLARS ($50), OR
- THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION GIVING RISE TO SUCH CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
LOCAL LAWS; EXPORT CONTROL.
We control and operate the Services from our headquarters in the United States of America and the entirety of these Services may not be appropriate or available for use in other locations. If you use the Services outside the United States of America, you are solely responsible for following applicable local laws.
Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email, social media) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please Read This Provision Carefully. It Affects your Legal Rights.
This provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). BOTH YOU AND US AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing us at email@example.com the following information: (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, than you may pursue your Dispute in arbitration.You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). you may opt-out of this Provision by emailing us at firstname.lastname@example.org the following information: (1) your name; (2) your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
* Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
* Location of Arbitration – you or we may initiate arbitration in either New York or the federal judicial district that includes your billing address. In the event that you select the latter, we may transfer the arbitration to New York so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer.
* Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and us specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms, you and us are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and us might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of the Services. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.
We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you. We will even provide you with recommended necessary corrective action(s) because we value this relationship.
However, certain violations of these Terms, as determined by Us, may require immediate termination of your access to the Services without prior notice to you. The Federal Arbitration Act, Arizona state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the courts located in Maricopa County, Arizona. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and us about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have questions about these Terms, please contact us at:
3200 N. Hayden Rd #310
Scottsdale AZ 85251
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 wants to be a financial contributor to a child, the parent will also provide us with that relative’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.
* ** Opting Out to Communications ** Anyone over the age of 13 can opt-out of any communications send by BusyKid.
* **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. 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 to track the activities of visitors to our Site, help us manage content, and compile statistics about usage of our Site. 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.
If you do not agree to this, do not use BusyKid. To discuss further, contact us at email@example.com.
THIRD-PARTY ANALYTICS MECHANISMS
DO NOT TRACK DISCLOSURE
Our Site does 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.
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 firstname.lastname@example.org 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 Rd #310
Scottsdale AZ 85251