Terms of Use

The goods and/or services offered on this website are provided by ChildBe LLC ("ChildBe"), located at 14001 SE 1st St Ste 201, Vancouver, WA, 98684, United States. The goods and/or services that ChildBe provides to you are subject to the following Terms of Use. You represent to ChildBe that you are of legal age to form a binding contract and are not a person barred from receiving services from ChildBe under the laws of the United States or other applicable jurisdictions. ChildBe reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

Through the website, www.childbe.com, ChildBe provides you with online, interactive behavior management goods and services (collectively, "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the Terms of Use. Because of the nature of electronic transmissions, you acknowledge that use of the Services may result in interstate data transmission. You also acknowledge that, because of the worldwide nature of the Internet, information may be transferred to countries outside of the country you are in. Such information transfers may be subject to the export and import laws of the United States and other countries. You agree to comply with these export and import laws.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. You also acknowledge that the Services available at www.childbe.com may be covered by patents, and so you agree not to make, use, sell, or offer for sale any of the Services on www.childbe.com.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Policy disclosures relating to the collection and use of your information.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from the Services ("Software") is the copyrighted work of ChildBe and/or its suppliers. The Software is made available to you for use and/or download solely for your own use according to these Terms of Use. Any reproduction or redistribution of the Software not in accordance with these Terms of Use is expressly prohibited by law, and may result in severe civil and criminal penalties. Violates will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

CHILDBE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, CHILDBE MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. CHILDBE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF CHILDBE AND OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN CHILDBE SOFTWARE PRODUCTS.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE

Permission to use articles and/or documents from the Services is granted only to you, provided that use of such articles and/or documents from the Services is for informational and non-commercial or personal use only and will be not copied or posted on any network computer or broadcast in any media, and no modifications of any articles and/or documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Elements of ChildBe's website may be protected by trade dress, trademark, unfair competition, copyright, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any ChildBe website may be copied or retransmitted without express written permission of ChildBe.

CHILDBE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THE WWW.CHILDBE.COM WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL CHILDBE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE WWW.CHILDBE.COM WEBSITE.

ADDITIONALLY, YOU ACKNOWLEDGE THAT CHILDREN INVOLVED WITH WWW.CHILDBE.COM MAY HAVE OR EXHIBIT BEHAVIORAL PROBLEMS THAT MAY CAUSE THEM TO HARM THEMSELVES, TO HARM OTHERS, AND/OR TO HARM PROPERTY. IN NO EVENT SHALL CHILDBE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES, IN ANY FORM, CAUSED BY OR TO ANY CHILD, PARENT, LEGAL GUARDIAN, HEALTH CARE PROVIDER, OR RELATED ENTITY. THE PARENT OR LEGAL GUARDIAN TAKES COMPLETE AND FULL RESPONSIBILITY, LEGAL AND OTHERWISE, FOR THE ACTIONS OF THEIR CHILDREN. THE PARENT OR LEGAL GUARDIAN HEREBY EXPRESSLY WAIVES ANY PARENTAL IMMUNITY THAT HE OR SHE MAY HAVE.

THE ARTICLES AND/OR DOCUMENTS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CHILDBE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ChildBe immediately of any unauthorized use of your account or any other breach of security. ChildBe will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ChildBe or another party due to someone else using your account or password. You may not use anyone else's account at any time.

ChildBe's websites are designed to only allow access to information by those individuals and entities who are registered members and/or to those individuals and entities that have been given express written permission to access certain information. For example, ChildBe's websites are designed to allow parents, children, health service providers, and related entities (such as hospitals and clinics) to access information. However, parents or legal guardians are only granted access if they have registered with ChildBe. Children are only granted access if their parent or legal guardian adds them to the parent or legal guardian's registered account and grants them a username and password. Health service providers and related entities are not granted access to any information by ChildBe. Instead, only parents and/or legal guardians may give permission for a health service provider or related entity to access information on their registered account.

PARENTS AND LEGAL GUARDIANS TAKE FULL RESPONSIBILITY, LEGAL AND OTHERWISE, FOR AND DAMAGES CAUSED BY INDIVIDUALS OR ENTITIES THAT THE PARENT OR LEGAL GUARDIAN PROVIDES ACCOUNT ACCESS TO.

Never provide your account information or login information to anyone. ChildBe shall not be liable for any unauthorized access or any authorized access that does not comply with these Terms of Use.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any ChildBe server, or the network(s) connected to any ChildBe server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any ChildBe server or to any of the Services through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Additionally, you expressly agree to fully comply with the Health Information and Portability Act and the Health Information Technology for Economic and Clinical Health Act. If a violation of either act occurs or if you suspect that a violation may occur, you are bound to report such violation or suspected violation to ChildBe.

CHILDBE HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR VIOLATIONS OF HIPAA AND/OR HITECH BY INDIVIDUALS OR ENTITIES OTHER THAN CHILDBE. YOU MAY BE LIABLE TO CHILDBE AND/OR THIRD PARTIES FOR VIOLATIONS OF HIPAA AND/OR HITECH. YOU EXPRESSLY AGREE TO INDEMNIFY AND HOLD HARMLESS CHILDBE FOR ANY VIOLATIONS OF HIPAA AND/OR HITECH BY YOU OR ANYONE IN YOUR CONTROL.

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others ( "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages, commercial or otherwise.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, such as rights of privacy and publicity.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any kind.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
  • Post unauthorized commercial communications (such as spam) on www.childbe.com.
  • Bully, intimidate, or harass any user.

ChildBe has no obligation to monitor the Communication Services. However, ChildBe reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. ChildBe reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

ChildBe reserves the right at all times to disclose any information as ChildBe deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ChildBe's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. ChildBe does not control or endorse the content, message or information found in any Communication Services and, therefore, ChildBe specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized ChildBe spokespersons, and their views do not necessarily reflect those of ChildBe.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

In connection with your use of the Services, ChildBe may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Additionally, ChildBe may send you alerts and other marketing that may be beneficial to you and your family. You may opt out of some of those communications as well.

MATERIALS PROVIDED TO CHILDBE OR POSTED AT ANY CHILDBE WEBSITE

ChildBe does not claim ownership of the materials you provide to ChildBe (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private company ("Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting ChildBe, its affiliated companies and sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all ChildBe Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works of, translate and reformat your Submission; to publicize your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. ChildBe is under no obligation to post or use any Submission you may provide and ChildBe may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting permission to use your Images in connection with the use, as permitted by these Terms of Use, of any Service, and including, without limitation, a non-exclusive, worldwide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

If you believe there has been a violation of the copyright laws, we will respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you download our software, such as a stand-alone software product or a browser plug-in, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.

You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from ChildBe, unless you are expressly permitted to do so under an open source license or we give you express written permission.

Your continued use of www.childbe.com following any changes to our terms constitutes your acceptance of our amended terms.

LINKS TO THIRD PARTY SITES

Any links to third party websites are not under the control of ChildBe and ChildBe is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ChildBe is not responsible for webcasting or any other form of transmission received from any linked site. ChildBe is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ChildBe of the site.

Upon registration, and from time to time thereafter, payment of service fees and other account maintenance may become due. ChildBe may provide your payment information to Stripe, a payment processing company. CHILDBE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES CAUSED BY OR TO STRIPE. You give your express permission for ChildBe to provide your billing information to Stripe.

UNSOLICITED IDEA SUBMISSION POLICY

ChildBe and/or any of its employees does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when ChildBe's products or marketing strategies might seem similar to ideas submitted to ChildBe. So, please do not send your unsolicited ideas to ChildBe or anyone at ChildBe. If, despite our request that you not send us your ideas and materials, you still send them, please understand that ChildBe makes no assurances that your ideas and materials will be treated as confidential or proprietary.

You agree to resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to ChildBe, www.childbe.com, or these Terms of Use exclusively in a state or federal court located in Spokane County, Washington. The laws of the State of Washington will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Spokane County, Washington for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions, content or information on www.childbe.com, you agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on www.childbe.com and are not responsible for the content or information users transmit or share on www.childbe.com. We are not responsible for the conduct, whether online or offline, of any user of www.childbe.com.

PROVISIONS FOR USERS OUTSIDE THE UNITED STATES

The following provisions apply to users and non-users who interact with ChildBe outside the United States:

  • You consent to having your personal data transferred to and processed in the United States.
  • If you are located in a county embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on www.childbe.com (such as advertising or payments) or operate any platform application or website thereon.

MISCELLANEOUS

  • These Terms of Use make up the final, exclusive, and complete agreement between the parties regarding www.childbe.com, and supersedes any prior agreements.
  • If any portion of these Terms of Use is found to be unenforceable, the remaining portion will remain in full force and effect.
  • If ChildBe fails to enforce any of these Terms of Use, such a failure will not be considered a waiver.
  • Any amendment to or waiver of these Terms of Use must be made in writing and signed by ChildBe.
  • You will not assign any of your rights or delegate any of your duties under these Terms of Use to anyone else without our express written consent.
  • All of our rights and obligations under these Terms of Use are freely assignable and delegable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise without notice to you.
  • Nothing in these Terms of Use prevents us from complying with any law.
  • These Terms of Use do not confer any third party beneficiary rights.
  • We reserve all rights not expressly granted to you.
  • You will comply with all applicable laws when using or accessing www.childbe.com.
  • You agree that regardless of any statute of law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.