TERMS OF USE AGREEMENT
Effective as of January 1, 2019
IMPORTANT:
Please read this Terms of Use Agreement (the “Agreement”) and the Privacy Policy carefully before using the “Help My Baby Learn” application (the “App”) or Help My Baby Learn website located at www.helpmybabylearn.com (the “Site”) in any way or subscribing to the services offered by HelpMyBabyLearn, L.L.C. (also referred to herein as “Help My Baby Learn” or the “company”).
1. Acceptance of Terms of Use.
1.1 Help My Baby Learn provides this App as well as services related to this Site subject to your compliance with the terms and conditions contained in this Agreement, including your agreement to the Privacy Policy, as each may be amended from time to time. Please read this Agreement and the Private Policy carefully. By accessing, browsing or using the App or the Site you acknowledge that you have read, understood, and agree to be bound by all of the terms and conditions contained in this Agreement. If you do not accept the terms and conditions stated herein, do not use the App or this Site and do not select “AGREE”. By clicking “AGREE”, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old and are entering into this Agreement on your own behalf or as parent or guardian of the user.
1.2 This Agreement is between Help My Baby Learn and you, the user, guardian of the user, and/or customer of Help My Baby Learn. Help My Baby Learn reserves the right at any time to change the terms and conditions of this Agreement, change the App or the Site, including eliminating or discontinuing any content on or feature of the App or the Site, or change the fee or charges associated with the use of the App or the Site. You understand and agree that we may change this Agreement at any time without prior notice. You may read a current effective copy of this Agreement at any time by selecting the “Terms of Use” link on various pages of this Site. If any change to this Agreement is not acceptable to you, your sole remedy is to terminate your registration. Any use of the App or the Site after the effective date of any revision to this Agreement shall constitute acceptance by you of such revised terms and conditions. Changes to the App or the Site will be effective seven (7) days after the change is made to the App or the Site. Be sure to review this Agreement periodically to make sure you are familiar with the most current version of this Agreement.
2. Use of the Site.
2.1 The Site contains and the App contains, uses and integrates materials such as advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (collectively hereinafter referred to as “Content”). Some of the Content is provided by Help My Baby Learn or its suppliers, and other Content is provided by persons who use the Web Site (“Users”), such as User opinions and views provided via posts to bulletin boards or discussion forums. While Help My Baby Learn strives to keep the Content that it posts on the Web Site accurate, complete, and up-to-date, Help My Baby Learn cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Help My Baby Learn or its suppliers, or by Users of the Web Site. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Help My Baby Learn. Help My Baby Learn does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Web Site by respective Users or other third party. THE CONTENT AVAILABLE VIA THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER HELP MY BABY LEARN NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
2.2 The Content may be owned by us or may be provided through an arrangement we have with others. The Content is protected by both United States and foreign copyright laws. Unauthorized use of the Content may violate copyright, trademark or other laws. You have no rights in or to the Content and will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense or modify the Content, or reproduce, display, make a derivative version of, distribute or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in any network computer environment for any purpose is expressly prohibited.
2.3 Your access to this Site, use of the App, Site and/or subscription to any services provided by Help My Baby Learn does not in any way grant any type of license in or to any intellectual property, including software, owned by Help My Baby Learn; rather, Help My Baby Learn shall act as the provider of the App and this Site at all times.
2.4 The App may initially be supported only on the Android/iOS platforms and, while this Site supports a variety of different platforms and browsers, we make no representation that all platforms and/or browsers are currently, or will in the future, be supported. We also reserve the right to discontinue support for any currently supported platform or browser in our sole discretion. In addition, upgrades and enhancements to Site systems, to improve upon previously existing Site features and operations, may be endeavored in the normal course of business. Discontinuance, upgrade and enhancement of Site systems will be done at a time and in a manner deemed by us to be most beneficial and least disruptive to the Site.
2.5 Help My Baby Learn retains sole editorial rights and discretion concerning the App and the Site. We may monitor, change and/or remove the App and/or Site features and content at any time without notice.
2.6 If you violate any part of this Agreement, your permission to access and/or use the Content, the App and Site automatically terminates and you must immediately destroy any copies you have made of any documents containing the Content.
2.7 The trademarks, service marks and logos (collectively, the “Trademarks”) used and displayed on the App and this Site are registered and/or unregistered trademarks of Help My Baby Learn. Other company product and service names located on the App and this Site may be trademarks or service marks owned by others. Nothing on the App and this Site should be construed as granting by implication or otherwise any license or right to use any Trademarks displayed on the App or this Site without the prior written permission of Help My Baby Learn. The Trademarks may not be used to disparage Help My Baby Learn, its products or services or be used in any manner which may in Help My Baby Learn’s reasonable judgment damage our goodwill. All goodwill generated from the use of the Trademarks on any website inures to our benefit.
2.8 The App and this Site may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of any content on any third-party website. The content of any third-party website is developed and provided by others. You should contact those third-party websites if you have any concerns regarding such links, the content contained on such third-party website and/or the privacy policies of any third-party websites. We are not responsible for the content of any linked third-party websites and do not make any representations regarding the content or accuracy of materials on such third-party websites or the privacy policies of the same. You should take precautions when downloading files from websites to protect your computer from viruses and other destructive programs. If you decide to access third-party websites, you do so at your own risk.
2.9 While using the App or this Site you agree to comply with all applicable laws, rules and regulations. Without limitation, you agree not to (a) restrict or inhibit any other visitor or member from using the App or the Site, (b) use the App or the Site for any unlawful purpose, (c) express or imply that any statements you make are endorsed by us, (d) transmit any content or information that is unlawful, fraudulent, threatening, harassing, libelous, defamatory, obscene or otherwise objectionable, (e) transmit any material or non-public information about other companies without authorization, (f) use or disclose any trade secret of any third-party, (g) engage in any advertisement, solicitation, pyramid scheme or other unsolicited commercial communication, (h) engage in spamming or flooding, (i) transmit any software or other materials that contain any virus or other harmful or destructive component, (j) modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the App or this Site, (k) remove any copyright, trademark or other proprietary rights, (l) frame or mirror any part of the App or the Site, (m) use any robot, spider search/retrieval application or other devices to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the App or the Site, (n) harvest or collect information from any App user or Site visitor, or (o) permit anyone else to use the App or the Site through your subscription, name or password.
2.10 Help My Baby Learn’s Privacy Policy explains how we treat your data and protect your privacy when you use the App or our Site, and such Privacy Policy is hereby incorporated by reference herein. By using the App or our Site, you expressly agree that Help My Baby Learn can use any data collected in accordance with our Privacy Policy.
3. Registration.
3.1 The App and this Site may allow you access to a limited number of free services, subject to all the terms of use contained in this Agreement. To have access to any other services made available by Help My Baby Learn you must be or become a Help My Baby Learn customer by registration. When and if you register, you agree to provide accurate, current and complete information about yourself as prompted by the appropriate on-line registration form, and to update this information to maintain its accuracy and completeness. You acknowledge that if any of this information provided by you is untrue, inaccurate, not current or not complete, we reserve the right to terminate this Agreement and your use of the App or our Site.
3.2 As part of the registration process you will be asked to provide your email address and create a password. We may refuse to grant you a login name that impersonates someone else, is illegal or is otherwise objectionable. You agree not to transfer or sell your use of or access to this Site or the App to any third party. You are solely responsible for maintaining the confidentiality of your login name and password and for any and all other activities that are conducted through your account.
3.3 Current subscription rates and charges are available on the Site. You can also get current rates by e-mailing us at [email protected].
3.4 Subscribers may select monthly, annual or lifetime subscriptions and payment for access to the App and/or the Site must be rendered prior to a subscriber’s use of the App and/or the Site. Help My Baby Learn uses a third party platforms to process payments related to services provided through the App and/or the Site. All subscriptions will automatically renew unless your subscription is terminated by us in accordance with this Agreement or unless you cancel your subscription by submitting the required cancellation forms through the cancellation link on the App and/or the Site. The appropriate monthly or annual fee for your subscription will be billed automatically on the day that the appropriate time period ends and will be billed to the credit card you designate during the registration process (or subsequently change). You agree to pay all fees and charges incurred in connection with your login name and password at the rates in effect when the charges are incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us for any reason, you will be responsible for all of our attorneys’ fees and collection costs.
3.5 Users that subscribe during their 7-day trial period will receive a 20% discount off of the current subscription rates for the chosen time period. Automatic renewal of subscriptions will be billed at the previous amount paid by the user.
3.6 “Lifetime” subscription is defined as the time in which the Site and the App exist and are managed by current owners.
4. Cancellation.
4.1 You may cancel your subscription at any time by accessing the Site cancellation link. In order to not be billed for the next subscription period, cancellation requests must be made at least 48 hours prior to the end of the subscription period via email to [email protected] with the title “Cancel Subscription”. When subscribers cancel their subscriptions their access will continue through the last day of the pay period in effect at that time. Subscription fees will not be reimbursed or refunded. Any delinquent or unpaid amounts must be paid in full before you may re-subscribe.
4.2 Help My Baby Learn may cancel this Agreement and/or your access to and use of the App or this Site immediately in the event that we determine, in our sole discretion, that you have breached this Agreement. In addition, Help My Baby Learn reserves the right upon ten (10) days notice to terminate this Agreement for any reason with or without cause. Your use of certain services on the App or the Site may be governed by additional rules which are available on the App or the Site or by hyperlink from other sites in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use and you expressly acknowledge and agree that your use of all services is solely at your own risk.
5. Compliance with Applicable Laws.
5.1 Help My Baby Learn makes no claims concerning whether the Content may be downloaded, executed, viewed or be appropriate for use outside of the United States. If you access the site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
5.2 The United States controls the exports of products and information. You expressly agree to comply with such restrictions and not to export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited and are not a person or entity for which export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import and export of the Content.
6. Limitation of Liability.
6.1 Help My Baby Learn, its affiliates, their respective officers, directors, employees, agents, suppliers and licensors make no representations or warranties about the Content, including but not limited to its accuracy, reliability, completeness or timeliness. The company shall not be subject to liability for the truth, accuracy or completeness of any information conveyed to the user or for errors, mistakes, or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that your use of the App, Site and Content shall be at your own risk.
6.2 Help My Baby Learn does not warrant that the App or the Site will operate error-free or that the Site, its server or the Content are free of computer viruses or similar contamination or destructive features. If your use of the App, Site or the Content results in the need for servicing or replacing equipment or data, Help My Baby Learn shall not be responsible for those costs.
6.3 THE APP, SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FITNESS FOR USE AND FITNESS FOR A PARTICULAR PURPOSE.
6.4 In no event shall Help My Baby Learn be liable for any damages whatsoever (including without limitation incidental and consequential damages, lost profits or damages resulting from lost data or business interruption), resulting from the use or inability to use the App, Site and the Content whether based on warranty, contract, tort or any other legal theory, even if Help My Baby Learn has been advised of the possibility of such damages.
6.5 In no event shall the company bear any responsibility or liability for any use you make of the information provided through the App or this Site, or the decisions or actions you take as a result or with the input of the Content or information provided in the App or the Site.
6.6 Your sole remedy for dissatisfaction or liability with respect to use of the App or the Site and the Content contained therein is to stop using the App and the Site. The sole and exclusive maximum liability to Help My Baby Learn for all damages, losses and causes of action of any kind whatsoever shall be the total amount paid by you, if any, to access and/or use the App and the Site.
6.7 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages. In such states, the liability of Help My Baby Learn shall be limited to the greatest extent permitted by law.
7. Indemnification.
7.1 You agree to defend, indemnify and hold Help My Baby Learn harmless from any and all claims, actions or demands (including without limitation, reasonable legal and accounting fees) arising or resulting from your breach of this Agreement or your use or misuse of the App, Content or Site. The company shall provide notice to you of any such claim, suit or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding brought by a third party. The company reserves the right to assume the exclusive defense and control of any matter which is subject to the indemnification provision contained herein and, in such case you agree to cooperate with any reasonable requests in assisting Help My Baby Learn’s defense of such matter.
8. Miscellaneous.
8.1 This Agreement is governed by the internal substantive laws of the State of Hawaii without respect to its conflicts of laws principles or provisions. You expressly agree to submit to personal jurisdiction in the state and federal courts sitting in the City of Honolulu, Hawaii. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of a party to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or of any other provision in this Agreement. No waiver shall be effective against Help My Baby Learn unless made in writing and no waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Help My Baby Learn and you, this Agreement constitutes the entire agreement between you and Help My Baby Learn with respect to the subject matter and supersedes all previous or contemporaneous agreements whether written or oral, between the parties with respect to the subject matter. The section headings of this Agreement are provided merely for convenience and where contrary to the language of this Agreement, the language shall control. This Agreement will inure to the benefit of our successors, assigns, licensees and sublicensees.
8.2 All times and dates used to determine the execution of events as outlined by this Agreement, referenced by the App or the Site, or referenced in communications by Help My Baby Learn are according to the time and date of the Hawaii-Aleutian Time Zone in the United States.
Effective as of January 1, 2019
HelpMyBabyLearn, L.L.C., including its affiliates (“Help My Baby Learn”), is committed to protecting the privacy of your information. Help My Baby Learn provides this Privacy Policy (the “Policy”) to help you understand how Help My Baby Learn collects and uses the information you submit to the Help My Baby Learn website located at www.helpmybabylearn.com (collectively, the “Site”) and that is collected when you visit the Site and use the Help My Baby Learn application (the “App”).
In this Policy, “Personally Identifiable Information” means an individual’s first name and last name or first initial and last name in combination with any one or more of the following data elements that relate to such individual: (a) Social Security number; (b) driver’s license number or state-issued identification card number; or (c) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to an individual’s financial account; provided, however, that “Personally Identifiable Information” shall not include information that is lawfully obtained from publicly available information, or from federal, state or local government records lawfully made available to the general public. “You” means an individual who accesses or uses the App or the Site or the guardian of the user.
In addition to this Policy, for certain special offers, the App, areas of the Site, or certain services, activities or promotions, Help My Baby Learn may present different or additional terms and practices specific to those programs at the time the information is collected. By accessing or using the App or the Site or providing information to Help My Baby Learn through the App or the Site, you are accepting the practices described in this Policy.
1. Information that Help My Baby Learn Collects.
1.1 Help My Baby Learn collects information when you utilize the App or submit it to the Site, participate in surveys or promotions, post opinions on our bulletin boards, respond to us or otherwise contact us. The information collected may include your name, mobile, phone, or fax number, email address, account information (such as account and online registration for the Site), sent and received email/text messages, phone calls made or received, email/phone contacts, the subject line of emails, Content of the foregoing and other information (the “Information”). In some cases, the Information Help My Baby Learn asks you to provide will be mandatory to participate in a particular activity, service or promotion, and in many cases use of the App will automatically result in sharing such Information. If you do not provide this Information or do not allow the App to access the Information, your participation in that activity, service or promotion may be limited or prohibited.
1.2 The App and the Site are not intended for children under the age of 13 and we do not knowingly collect Personally Identifiable Information via the App or the Site from visitors in this age group; however, information may be collected from parents or guardians relating to their children for the development of the App and/or the Site.
2. License to Use Information Submitted.
2.1 Help My Baby Learn does not want to receive, and you therefore agree not to submit, Personally Identifiable Information, confidential, proprietary or trade secret information through this Site (excluding information related to a Site registration) or through use of the App. Additionally, through use of the Site and/or the App you expressly agree to allow Help My Baby Learn to monitor, collect, and data mine Information contained in all emails or other communications shared with Help My Baby Learn. By submitting any such information, you grant Help My Baby Learn an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, including aggregating this data for your usage. Please note that any information, materials, suggestions, ideas or comments sent to Help My Baby Learn by e-mail or any other communication, through the App, this Site, or otherwise, including any data and questions will be deemed non-confidential and non-proprietary. However, Help My Baby Learn will not use the user’s name in connection with any such materials, information, suggestions, ideas or comments unless Help My Baby Learn first obtains such user’s permission or otherwise takes such other actions as required by law.
2.2 Advertising: At this time, there are no outside advertisements on the Site or the App.
3. Disclosure of Information.
3.1 Help My Baby Learn will endeavor not to collect nor will we be aware of any Personally Identifiable Information, confidential, proprietary or trade secret information disclosed in emails, or other communications, however, such collection may be unavoidable to the extent you provide the same in Information monitored by the App in contravention of Section 2. Additionally, except as described in this Policy, Help My Baby Learn’s practice is to not disclose any Information about you outside of Help My Baby Learn and its affiliates without your consent. Help My Baby Learn may disclose Information to its third party service providers (which are obligated to maintain confidentiality and security of the Information and are restricted from using such Information other than as authorized by Help My Baby Learn or as otherwise permitted by law) so they may complete transactions or perform services on behalf of Help My Baby Learn, transactions on your behalf, or transactions related to providing services to you. For example, Help My Baby Learn may contract with third parties to host the App or the Site, collect and provide product or service reviews, provide promotions or surveys, send Help My Baby Learn’s emails, and fulfill promotions. However, Help My Baby Learn will restrict those third parties to using the Information in connection with the services they provide. Help My Baby Learn may also disclose Information to comply with the law and lawful requests or legal process, protect the rights or property of Help My Baby Learn and its customers, and when Help My Baby Learn believes in good faith that the disclosure is necessary to protect the personal safety of Help My Baby Learn, its employees and customers, or the public. Also, Help My Baby Learn may disclose Information in connection with (but not limited to) the following circumstances:
(a) Certain Business Transfers. Help My Baby Learn may disclose Information as part of a corporate business transaction, such as a merger or acquisition, joint venture, corporate reorganization, financing, or sale of company assets. Help My Baby Learn may also disclose Information in the event of insolvency, bankruptcy, or receivership in which Information could be transferred to third parties as one of the business assets in the transaction.
(b) Co-Branded Services. Some services in connection with the App or the Site may be co-branded and offered together with another company. If you register for or use these services, both Help My Baby Learn and the other company may receive your Information collected in connection with the co-branded services.
(c) Other Purposes. Help My Baby Learn may disclose Information as consented to by you from time to time, including to fulfill any other purposes that are identified when the Information is collected.
Help My Baby Learn will take reasonable measures to avoid disclosing your Information for purposes other than those for which it was collected, except with your consent or as required or permitted by law. Consent may be express or implied, and given in writing, by using or not using a check-off box, electronically, orally, or by your conduct, such as use of services or products.
4. Information Security.
4.1 Help My Baby Learn is committed to protecting the security of Information submitted to us. While we explicitly request that you refrain from submitting Personally Identifiable Information, confidential, proprietary or trade secret information, Help My Baby Learn and the vendors that provide hosting services for the App and the Site use a variety of security technologies and administrative procedures to help protect your Information from unauthorized access, use or disclosure through security measures appropriate to the sensitivity of the Information. For example, your Information is stored on computer systems located in controlled facilities. Finally, internal access to a user’s Information is restricted to Site administrators and others on a need-to-know basis.
4.2 Help My Baby Learn and the vendors that provide hosting services for the App and the Site use a variety of security technologies and administrative procedures to help protect your information from unauthorized access, use or disclosure through security measures appropriate to the sensitivity of the information. For example, your information is stored on computer systems located in controlled facilities. Finally, internal access to a User’s information is restricted to Site administrators and others on a need-to-know basis.
4.3 Help My Baby Learn cannot guarantee the security of any information, including Users’ Personally Identifiable Information. By using the Site and/or the App, You acknowledge and agree that Help My Baby Learn makes no such guarantee, and that You use the Site and/or the App at your own risk.
5. Changes to this Policy.
5.1 This Policy is effective as of the date first stated above. Help My Baby Learn may periodically update this Policy to reflect changes in its practices or applicable laws or regulations. If Help My Baby Learn updates this Policy, Help My Baby Learn will post the updated version of this Policy and it will change the “effective date” at the top of this Policy. Changes to the Site will be effective seven (7) days after the change is made to the Site. If the updated version of the Policy contains material changes to how Help My Baby Learn collects, uses, or shares your Information, Help My Baby Learn will post a prominent notice of the updated version on the Site or send you an email detailing the changes.
5.2 Be sure to review this Policy periodically to make sure you are familiar with the most current version of this Policy. If any change to this Policy is not acceptable to you, your sole remedy is to terminate your registration. Your continued use of the Site constitutes your binding acceptance of the updated Policy.
5.3 Note also that your use of the App and the Site is subject to our Terms of Use, which contain disclaimers, limitations of liability and are subject to change.
