E-SIGN CONSENT, BUSYKID CARDHOLDER AGREEMENT, AND THE MVB PRIVACY NOTICE


E-sign Consent

BusyKid Cardholder Agreement

MVB Privacy Notice

BUSYKID INC.

PRIVACY POLICY & TERMS AND CONDITIONS

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

PRIVACY POLICY

Last Updated:   November  1, 2022

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

  1. Contents & Summary

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

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Scope and Consent  

By using the Site and the App you expressly consent to our collection, use, disclosure, and retention of your personal information and other information as described in this Privacy Policy.  Your use of the Site is also governed by the Terms and Conditions .

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Information We Collect  

We collect the following information when you use the Site.

(a) Information We Collect Directly from Parents :  When you create an account or profile on the Site, you voluntarily give us personal information.                                                      

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(b) Information We Collect from Third Parties :  Family relatives or others you invite to be financial contributors may also give us personal information to sign up for our newsletters and other communications.                                        

(c) Information We Collect Automatically : We automatically collect information about all the users’ use of our Site or App, including log information and transaction and payment history.

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(d) Combining Information Collected : We may, on occasion, combine information from outside sources to customize your experience on the Site.                                                                                                                

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(e) Information We Collect about Children under 13 : We will collect information about a child’s activities within our Site or App in association with their username or other identifier. Prior to doing so, we obtain verifiable parental consent pursuant to Children’s Online Privacy Protection Act (COPPA).

How We Use Your Information    

We use information collected from you to operate our Services and contact you. We use your information to: (1) improve our Services; (2) tailor content; (3) market with you (4) communicate with you and your children; (5) research; (6) protect rights and interests; and (7) comply with legal obligations.

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How We Disclose Your Information

We may share your personal information and other information we collect with the following entities:  (1) other BusyKid users; (2) our corporate family; (3) our service providers; (4) brand entities; and (5) legal and law enforcement.

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Cookies and Other Tracking Mechanisms  

We use tracking technologies (including cookies) to recognize you, protect your privacy and customize your experience on the Site.  You consent to our tracking of your video viewing through the Site or third party social media.

Third-Party Analytics  

We use third-party analytics companies, like Google Analytics, to evaluate use of our Services and help us improve your user experience. These entities may use cookies and other tracking technologies to perform these services.

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California Privacy Rights  

If you are a California resident, you may request information about our practices related to disclosing your personal information.

Do Not Track Disclosure

Our Site and App do not respond to Do Not Track signals.

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Third-Party Links  

We are not responsible for the privacy practices of third party websites that are linked to our Site.

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Security

We protect your personal information using reasonable security measures.

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Your Choices

You may update or delete the personal information we have about you or your child by accessing your profile on our Site or App. You can control how and when you or your children receive notifications from BusyKid as well.

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Children

Our services are targeted to parents. The personal information we collect about children is not made publicly available or otherwise shared, except as otherwise described in this Privacy Policy.

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Contact Us

For more information about our privacy practices, go to our full Privacy Policy or send an email to help@busykid.com .

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Changes to this Privacy Policy

We may notify you about material changes to this Privacy Policy by posting notices on this Site or in the App.

  1. SCOPE AND CONSENT

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

  1. 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.

  1. HOW WE USE YOUR INFORMATION

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

  1. HOW WE DISCLOSE YOUR INFORMATION

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

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

  1. COOKIES AND OTHER TRACKING MECHANISMS

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

  1. THIRD-PARTY ANALYTICS

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

  1. DO NOT TRACK DISCLOSURE

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

  1. THIRD-PARTY LINKS

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

  1. SECURITY

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

  1. YOUR CHOICES

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

We may send periodic promotional or informational emails to parents. In addition, we may send push notifications to you and your children regarding your use of the Services, such as notifications of when new chores are added, paydays processed, children’s requests status, and other similar activities or events.  Parents control what push notifications are sent by accessing your profile on the Site or App, or following the directions contained in notifications sent to the parents.  Parents may opt out of email 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.

  1. CHILDREN

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

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

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

Finally, please see our Privacy Policy for Children Under the Age of 13, which supplements this general BusyKid Privacy Policy.  This general BusyKid Privacy Policy applies to teens and adults.

  1. CONTACT US

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

BusyKid, Inc.

3200 N. Hayden Road, Suite 310

Scottsdale, AZ 85251

help@busykid.com

  1. CHANGES TO THIS PRIVACY POLICY

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

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privacy policy for children under the age of 13

Last Updated:  November 1, 2022

The Children's Online Privacy Protection Act of 1998 and its rules (collectively, "COPPA") require us to inform parents and legal guardians (as used in this policy, " parents ") about our practices for collecting, using, and disclosing personal information from children under the age of 13 (" children "). It also requires us to obtain verifiable consent from a child's parent for certain collection, use, and disclosure of the child's personal information.

This policy notifies parents of:

This policy only applies to children under the age of 13 and supplements our general BusyKid Privacy Policy. Only our general privacy policy applies to teens and adults. Terms that are defined in the general BusyKid Privacy Policy have the same meanings as used in this Privacy Policy for Children Under the Age of 13.

Information We Collect from Children

Children can access many parts of the Service and its content and use many of its features without providing us with personal information. However, some content and features are available only to registered users or require us to collect certain information, including personal information, from them. In addition, we use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use the Service.

We only collect as much information about a child as is reasonably necessary for the child to participate in an activity, and we do not condition his or her participation on the disclosure of more personal information than is reasonably necessary.  

Information We Collect Directly .  As explained in our general BusyKid Privacy Policy, parents provide us with the information necessary to register their child.  The information required from the parents to register is: the child's first name, age or birth date, gender, and a parent's email address. We also require the parent to create a member name and pin for their child. We may request additional information from your child, but this information is optional. We specify whether information is required or optional when we request it.

Automatic Information Collection and Tracking .  We use technology to automatically collect information from our users, including children, when they access and navigate through the Service and use certain of its features. The information we collect through these technologies may include:

For information about our automatic information collection practices, including how you can opt out of certain information collection, see the "Cookies and Other Tracking Mechanisms” and "Your Choices" sections of our general BusyKid Privacy Policy.

How We Use Your Child's Information

We use the personal information we collect from your child to:

We use the information we collect automatically through technology (see Automatic Information Collection and Tracking) and other non-personal information we collect to improve our Service and to deliver a better and more personalized experience by enabling us to:

Our Practices for Disclosing Children's Information

We do not share, sell, rent, or transfer children's personal information other than as described in this section.

We may disclose aggregated information about many of our users, and information that does not identify any individual or device. In addition, we may disclose children's personal information:

Accessing and Correcting Your Child's Personal Information

At any time, you may review the child's personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child's information.

You can review, change, or delete your child's personal information by:

Operators That Collect or Maintain Information from Children

While we do not allow third party operators to collect or maintain personal information from children through the Service, we use third party hosting service providers to assist with our maintaining of children’s personal information as provided to us through the Services. A list of these third parties is available upon request by contacting us help@busykid.com .  

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TERMS AND CONDITIONS

Last Updated:   November  1, 2022

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

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

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

  1. Privacy

For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy .  BusyKid collects limited personal information from minors, but only where that child’s parent or legal guardian has contracted with BusyKid to collect personal information from their children in order to provide the Services to them. If you are a minor, please do not send any personal information about yourself to us, other than what we request from you when you access your family account. In the event that we learn that we have collected personal information from a minor without the prior consent of the parent or legal guardian, or if we learn a minor has provided us personal information beyond what we request when he or she access an authorized family account, we will permanently delete that information as quickly as possible. If you believe that a minor may have provided us personal information beyond what is requested when accessing an authorized family account, or that a valid consent from a parent or legal guardian has not been obtained a valid consent prior to our collection of any personal information, please contact us at help@busykid.com .  

  1. Eligibility

You must be at least 18 years of age to register for our Services and receive a family account. If you are under 18 years of age (or the age of legal majority where you live) you may not register for our Services. However, you may be granted limited access to a family account through a PIN provided to you by your parent or legal guardian. Our website is intended only for use by individuals over the age of 18. If you are a minor and desire to visit our website, please do so only with the permission and under the supervision of your parent or legal guardian.  

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

  1. User Accounts and Account Security; Use of Family Accounts by Children

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

The Service is made available to individual parents and/or legal guardians for use by the parents, legal guardians and children under their care.  You will be granted a family account upon registration and understand that your acceptance of these Terms indicates that you are agreeing to the Terms both on your own behalf as well as on the behalf of your children who use the Service through your family account.  Children under 18 must not use the Service until after a parent or legal guardian has accepted these Terms on their behalf.  

  1. User Content

Our Services may allow you and other users to create, post, store and share content, including messages, feedback, text, information, data, software, or other materials (collectively, “ User Content ”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and BusyKid.

You grant BusyKid a perpetual,  irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit, or monitor User Content, we may screen, delete, or remove User Content at any time and for any reason with or without notice.

  1. Prohibited Conduct and Content

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

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

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

  1. Ownership; Limited License

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

  1. Trademarks

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

  1. Feedback

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

  1. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify us at BusyKid Customer Service, 3200 North Hayden Road, Suite 310, Scottsdale, AZ 85251 or at help@busykid.com.

Please see 17 U.S.C. § 512(c)(3)  for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to BusyKid for certain costs and damages.

  1. Third-Party Content; Apex Brokerage Services

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

An example of such Third-Party Content is if you elect to create, through the Service, a brokerage account with Apex Clearing Corporation to make trades.  Should you elect to open a brokerage account, you will be required to complete a new account application form with Apex and, once approved, acknowledge and agree that BusyKid is hereby authorized on your behalf to send and receive, through the Service, funds to and from Apex for purposes of carrying out your brokerage account instructions (such as buying and selling of stocks).  You further acknowledge and agree that you will only access this Apex brokerage account through our Service, but, as directed by you, BusyKid and Apex will place orders, and otherwise transact, in the brokerage account through the Apex systems.   You acknowledge that neither Apex nor BusyKid offer any investment advice or make securities recommendations to any person.   You are making “self-directed” decisions.  All use of the brokerage account is at your sole risk.  BusyKid makes no representation or warranty regarding any Apex systems, brokerage or other services and agrees all are available on an as-is basis and are subject to change at any time in Apex’s sole discretion without notice. BusyKid will in no way be responsible for any liabilities or damages caused by your use of Apex’s systems, brokerage or other services.

  1. Indemnification

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

  1. Disclaimers

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

  1. Limitation of Liability

To the fullest extent permitted by applicable law, BusyKid and the other Company Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if BusyKid or the other Company Parties have been advised of the possibility of such damages.

The total liability of BusyKid and the other Company Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services.

The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of BusyKid or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

  1. Release

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

  1. Transfer and Processing Data

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

  1. Dispute Resolution; Binding Arbitration

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

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

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

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

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

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

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

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

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

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

  1. Governing Law and Venue

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

  1. Modifying and Terminating our Services

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

  1. Severability

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

  1. Additional Terms Applicable to Mobile Devices

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

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

  1. Miscellaneous

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

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